100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Land Law - Freehold Covenants (Exam Plan) £5.99   Add to cart
Quickly navigate to
Preview
  2.  
  3. GDL
  4.  
  5. GDL
  6.  
  7. GDL

Exam (elaborations)

Land Law - Freehold Covenants (Exam Plan)

2 reviews
 31 views  0 purchase
  • Institution
  • GDL

These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). This document is written in the form of step-by-step exam plans. Compared to standard n...

[Show more]

Preview 2 out of 8  pages

Document information

  • July 20, 2023
  • 8
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers

Subjects

Written for

All documents for this subject (73)

2  reviews

review-writer-avatar

By: athineveasey • 3 months ago

review-writer-avatar

By: akatiesutton • 8 months ago

Seller

avatar-seller
lawnotes08

Reviews received

Content preview

Land Law - Freehold Covenants

Covenantee: person to whom the promise is made / who has the benefit of the
covenant.

Covenantor: person who makes the promise / has the burden of the covenant.

Privity of estate: when parties hold an interest in the same estate - only occurs
between landlord and tenant.

[STEP 1] Annotated diagram showing the various events and benefitted/burdened
land

EDIT DIAGRAM TO FIT FACTS

Y - original
W- Event
covenantor
original (DATE)
(Burden at
covenant
common
ee
law)
Event Event
(DATE) (DATE)


X - successor Z-
covenantee successor
(Benefit at covenantor
common law) (Burden in
(Benefit in equity)
equity)

N.B. If there are multiple covenants, get rid of burden / benefit brackets and just
keep events / dates and label each person as successor or original.

The issue is whether the benefit of the covenant passes to [INSERT SUCCESSOR
COVENANTEE], and if the burden passes to [INSERT COVENANTOR]. If so, X can

, enforce the covenant on Y to stop them from / oblige them to [INSERT EFFECT OF
COVENANT]. This depends on the type of covenant.
[STEP 2] What type of covenant exists?

Positive or restrictive?

Positive covenants require the covenantor to do something. Restrictive covenants
require the covenantor not to do something. The distinction is in the substance, not
form, of the covenant (i.e. whether the covenantor actually has to do something or
refrain from doing something, not whether the wording is positive or restrictive).

This is a positive/restrictive covenant that requires the covenantor to do / refrain from
doing Y for Z.

Touching and concerning land or personal?

A covenant touches and concerns land when (as per P & A Swift Investments):

- 1) the covenant benefits only the reversioner while they own the land (i.e. the
current landlord / freehold owner);
- 2) the covenant affects the nature, quality, mode of use or value of the land;
- 3) the covenant is not expressed as personal;
- 4) the fact a covenant is to pay a sum of money will not prevent it touching and
concerning land if conditions 1-3 are satisfied and it is connected with something
to be done on or in relation to the land.

N.B. unlikely to need point 4 for freehold covenants (they don’t always involve paying
money but usually require doing/not doing something). Leave out if there’s no payment
involved.

The covenant only benefits [INSERT CURRENT LANDOWNER OF LAND WITH
BENEFIT] while they own [INSERT PROPERTY]. It affects the nature / quality / mode of
use / value of the land by [EXPLAIN HOW]. On the facts, the covenant is not expressed
as personal.

[IF 4 N/A] This covenant does not involve money.

Thus, the covenant touches and concerns the land by enhancing the enjoyment of
[INSERT BENEFITTED LAND] while burdening the enjoyment of [INSERT BURDENED
LAND]. / Thus, this covenant does not touch and concern the land, and so is personal.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lawnotes08. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £5.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

73918 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£5.99
  • (2)
  Add to cart