These notes helped me to achieve a first class on my land law exam. Includes cases and statutes. Everything you need to be able to answer a problem question on: Covenants.
A covenant is an agreement between two freeholders. Essentially, this is contractual in nature and
is binding only on the original covenantor and covenantee
A covenant can only ever be an equitable right, not legal as it outside section 1(2) LPA 1925 and
can never be an overriding interest as it outside Schedules 1 and 3 to the LRA 2002.
A covenant will be classified under section 1(3) LPA 1925 as an equitable proprietary right
For a covenant to be potentially binding on a new owner and 'run with the land' it must be
protected by a notice on the property register in the charges section
The original covenantor is the one burdened by the agreement, whereas the covenantee is the
one seen as taking the benefit
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