100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary Freehold Covenants PQ Notes (First Class) £2.99   Add to cart

Summary

Summary Freehold Covenants PQ Notes (First Class)

1 review
 86 views  2 purchases

Comprehensive first class Property Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

Preview 1 out of 9  pages

  • Unknown
  • April 25, 2020
  • 9
  • 2018/2019
  • Summary
book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:
All documents for this subject (18)

1  review

review-writer-avatar

By: vandanasoochit • 3 year ago

avatar-seller
firstclasslawnotes
Freehold Covenants


a. Definitions
- Restrictive covenant
o Equitable interest attached to B’s land that allows B, a party with a freehold or
lease of some land that benefits from the covenant, to prevent A from making a
particular, limited use of some nearby land owned by A

o Based on A’s promise that neither A nor future owners of A’s land will use the
land in that way
o Eg. If A promises B that he will not build on his own land without B’s consent, A
has the burden and is known as the covenantor
o B has the benefit and is known as the covenantee; can sue if A breaches the
covenant

- Positive Covenants
o Where A (who has a freehold or lease of neighbouring land) has promised B,
that A will take some positive action
o Only gives B a personal right, and not a proprietary right even if that promise
benefits B’s land and is intended by A to bind future owners of A’s land

- Negative Covenants
o A promises B that A will refrain from taking certain action

- Contrast with Easements: Easements automatically become part of the dominant
land, while restrictive covenants do not

Important Cases
- Tulk v Moxhay (4 requirements to transmit burden of negative covenants)

- London Council County v Allen (Content: Dominant land must be capable of benefitting
from covenant)

- Rhone v Stephens (Content: A’s promise must be negative)

- Halsall v Brizell (Mutual Benefit and Burden Principle)

- Thamesmead Town v Allotey (2-stage test for burden/benefit principle)

- Federated Homes v Mill Lodge Properties (shows effect of s.78 LPA 1925: requires
intention that benefit of covenant will become part of dominant land)

- Re Dolphin’s Conveyance (Requirements for scheme of development)

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 firstclasslawnotes. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £2.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

84866 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
£2.99  2x  sold
  • (1)
  Add to cart