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Freehold Covenants Tutorial I
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Reform of Freehold Covenants Essay Plan
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Fixtures / Chattels
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The 1925 Property Legislation
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Andy was the registered proprietor of The Ranch, a property consisting ofa large house and some grounds. The house has the beneft of an
integrated under-foor heating system and is accessible by a private road
running across the Ranch from the public road (which is situated to the
west of the property).
Five years ago, Andy decided that the house was too large for his needs.
He employed builders to divide the house into two independent dwellings.
Andy retained the western part of the house and named it ‘West Wing.’ He
sold the eastern part of the house, ‘East Wing,’ to Barbara, a famous
landscape artist. Barbara was registered as proprietor of East Wing.
The deed transferring East Wing to Barbara contains the following
covenants:
‘Barbara covenants with Andy:
1. (i) to paint the exterior of East Wing every year;
2. (ii) to landscape, within four years of the date of this deed, and in
her own unique style, the Wasteland;
3. (iii) to contribute half the costs associated with the maintenance of
the private road running from the public highway to East Wing;
4. (iv) to contribute half the costs associated with the provision and
maintenance of the integrated under-foor heating system in East
Wing.’
The transfer deed granted Barbara a right of way over the private road
running across The Ranch. The Wasteland is an area of wasteland that
adjoins The Ranch and a number of other properties in the area. It is
owned by the local authority, which has consented to any works improving
the land.
Two years ago, Barbara sold East Wing to Catharine. Last year, Andy sold
West Wing and the rest of The Ranch to David. David also owns property
adjoining The Ranch.
Catharine has not painted the exterior of East Wing since her acquisition of
the property. She refuses to contribute to the costs associated with the
maintenance of the private road, which she daily uses to access East
Wing. She also refuses to contribute to the costs associated with the
under-foor heating system. She has often asked David to turn of or
reduce the heat because East Wing is too warm for her liking, but David,
who has the only means of controlling the system, always refused. The
Wasteland has never been landscaped.
Advise David.
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