fh covenants

Question 1

what is a covenant?

Answer 1

promises between landlowners to do something on the land

Question 2

a client owns a large plot of land and buk.ds a house on one half of the land and sells th eother half. the deed contains a covenant that the client will plant trees on her retained garden land over the next 5 years. it also contains a covenant that the owner of the new house cannot keep any pet birds on the property or gardens. which of these covenants is positive and which is restrictive in nature

Answer 2

planting trees = positive covenant

Question 3

true or false - under common law rules the brden of both positive and restrictive covenants can run with the land and bind successors in title.

Answer 3

false - equitabe may

Question 4

which of the following best describes the covenanteee

Answer 4

the eprson who either makes the original covenant or who can enforce the covenant.

Question 5

hat does it mean when a covenant must touch and concern the land?

Answer 5

it has something to do with the land and it will be a benefit to the land, so the land benefits form the covenant cannot be too far away and must improve the land in some way.

Question 6

passing the benefit of covenants in law between successors in title

Answer 6

1. express assignment under s36 0 requires the original covenanteee to assing the benefit of the covenant at the same time as the transfer of the land
2. by the contract (rights of third parties act0 1999 IF THE THIRD PARTY IS IDENTIFIED BY NAME THEY WILL ENJOY THE BENEFIT
3. by s56 lpa -

to run in law:
1. must touch and concern the land
- original covenantor must have held legal estate in the benefitted land
3. the successor in title must obtain their title from or under the original coveantee and
- the benefit of the covenant must have been intended to run with the lan
- by express annexation
- implied annexation
- s78