Answers study book Complete Land Law of Barbara Bogusz, Roger Sexton (freehold covenants ) - ISBN: 9780198793250, Edition: 1, Year of publication: 2017 (Freehold covenants)
Edward was registered proprietor of a small industrial unit. Three years
ago, he subdivided the unit into two parts, Unit A and Unit B. He retained
Unit A and continued to use it as a warehouse in connection with his
cigarette wholesale business. He sold Unit B to Robert, who was duly
registered as its proprietor. The deed of transfer, which both Edward and
Robert signed, contains the following provisions:
‘Robert covenants with Edward, on behalf of himself and the owners from
time to time of Unit B:
(1) not to make any structural alterations to Unit B without frst submitting
plans for approval to the owner for the time being of Unit A;
(2) not to sell or otherwise distribute cigarettes or other tobacco products
from Unit B; and
(3) to pay the annual maintenance fee in relation to the shared goods lift
that serves Unit A and Unit B.’
The goods lift, which is situated in Unit A, has two opposing doors. One of
the doors opens on to Unit A and the other opens on to Unit B. By the deed
of transfer, Edward granted Robert the right to use the goods lift. Edward
entered a notice of the burden of the covenant s on the charges register of
Unit B.
Two years ago, Edward sold his cigarette wholesale business, including
Unit A, to Franklin. Franklin was registered as proprietor of Unit A. Last
year, Robert died. His son, Steven, inherited Unit B and was registered as
its proprietor.
Recently, Steven has started a programme of substantial structural
improvements to Unit B without frst submitting plans to Franklin for his
approval. Steven has also been using Unit B for the sale and distribut ion
of cigarettes and tobacco. He continues to use the goods lift, but he
refuses to pay the annual maintenance fee. Franklin is very unhappy about
this situation.
Advise Franklin.
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