Freehold Covenants Flashcards
When does the benefit of a covenant pass at common law?- 4 requirements
1.touches and concerns the land
2.made with an intention to run-s.78
3.estate was held by covenantee
4. title is deprived from original covenantee
‘touches and concerns’- common law for the benefit- case law
P & A Swift Investments [1989]
common law- burden
does not pass- Austerberry v Corporation of Oldham [1885]
equity- burden- case
Tulk v Moxhay [1848]
The burden of which cov(S) will pass in equity?
- restrictive
2.covenantor must have owned the land - intention to run-s.79
4.clean hands
doesn’t require the expenditure of money
Haywood [1848]
equity-benefit- criteria
1.annexation
2.assignment
3.building scheme
what does s.56 (1) LPA tell us?- provide case law
named covenantees- Re Ecclesiastical Commissioners [1936]
s.56 does not set aside rules of privity of contract- case law
Smith and Snipes Hall Farm [1949]
Express annexation- wording
‘for the benefit of ‘named land’’- Rogers v Hosegood [1900]
Express annexation cannot be for the benefit of X and his successors- case law
Renals v Cowlishaw [1878]
Implied Annexation
Marten [1962]
Statutory Annexation
Federated Homes Ltd [1980]-s.78 LPA
when would s.78 not come to annex the benefit of a covenant in equity? + case law; clue- intention
if parties didn’t intent for it to run- Crest Nicholson [2004]
Assignment of (benefit at equity)
Re Pinewood Estates [1958]- Unbroken chain
