Covenants

Question 1

What is a covenant

Answer 1

An enforceable promise to do or not do something that can be positive or negative

To not do something is more common

Question 2

Rules for benefit of a covenant to run with the land at law

Answer 2

Touches and concerns land

Covenantee owns legal estate of the dominant land

Assignee derives title from covenantee

Intention covenant binds the land - s78

Question 3

What was decided in case of Austerberry v Oldham

Answer 3

Benefit but not the burden of a covenant can pass

Successors cannot be bound by the covenants

Question 4

What was decided in case of Halsall v Brizell

Answer 4

Exception to mutual benefit and burden rule where there is a chain of indemnity covenants.

Question 5

Principle of Tulk v Moxhay [1848]

Answer 5

Established principle that the benefit and burden of a covenant can pass in equity if..

Intended to run with land

Benefits land

Touches the land

Covenant is restrictive

Question 6

3 ways benefit of a covenant can pass in equity

Answer 6

Annexation - Express, Implied or Statutory s78

Assignment

Building Scheme

Question 7

How is a restrictive covenant protected

Answer 7

By a notice

Question 8

How can a covenant be extinguished

Answer 8

Sell property to servient owner

Intention not to enforce covenant

Apply to Upper Tribunal Land Chamber

Question 9

Case where they failed to enforce covenant

Answer 9

Snook

Applied un s84 LPA 1925 to remove covenant

Question 10

Problems with covenants

Answer 10

2 sets of rules for running of benefit - equity and law

Modern use of land changed

Change law so burden of positive covenants pass on sale