COVENANTS

Question 1

What is the name of the relevant case law where the burden of a Restrictive Covenant can run with land in Equity?

Answer 1

TULK v MOXHAY

Question 2

What is the FIRST requirement for the burden of a Restrictive Covenant to run with the land in equity?

Answer 2

If it touches and concerns the burdened land

Question 3

What is the SECOND requirement for the burden of a Restrictive Covenant to run with the land in equity?

Answer 3

If it was entered into for the benefit of the benefited land - AND is capable of benefiting the land

Question 4

What is the THIRD requirement for the burden of a Restrictive Covenant to run with the land in equity?

Answer 4

The original parties intended that the burden of covenant should run with the burdened land and not be a purely personal matter between them

Question 5

What is the FOURTH requirement for the burden of a Restrictive Covenant to run with the land in equity?

Answer 5

If all successors in Title to the Land burdened by with ‘notice’ of the covenant

Question 6

Name the FIRST way in which the burden of both Positive and Restrictive covenants may be indirectly enforceable…

Answer 6

Indemnity Covenants

Question 7

Name the SECOND way in which the burden of both Positive and Restrictive covenants may be indirectly enforceable…

Answer 7

He who claims the benefit must submit to the burden - HALSALL v BRIZELL

Question 8

Name the THIRD way in which the burden of both Positive and Restrictive covenants may be indirectly enforceable…

Answer 8

If the Deed of Covenant is protected by a restriction