Freehold Covenants

Question 0

Section 56(1) , Law of Property Act 1925

Answer 0

A person may take . . . the benefit of any condition, right of entry, covenant or agreement over or respecting land or other property, although he may not be named as a party to the conveyance or other instrument.

THIRD PARTIES MAY CLAIM BENEFIT OF COVENANT IF SO REFERENCED IE ADJACENT LANDOWNERS

RELATED

Section 1 , Contracts (Rights of Third Parties) Act 1999 Section 1
Enables a person who is not a party to a contract to take the benefit of a contractual term which purports to confer a benefit on him.

Question 1

Section 79(1) , Law of Property Act 1925

Answer 1

A covenant relating to any land of the covenantor shall be deemed to be made ‘on behalf of himself and his successors in title’.
Original covenantor is liable for any breaches by successors in title.
Rule will not apply if the covenant provides that the liability of the original covenantor is to cease when he/she sells the land.

Question 2

Tulk v Moxhay (1848)

Answer 2

There was a covenant not to build on land in the middle of Leicester Square in London.
Held: Restrictive covenants run with the land, ie. they bind purchasers as well as original parties.

Question 3

Halsall v Brizell [1957]

Answer 3

Buyers of building plots covenanted that they would contribute to the cost of repairs of sewers and roads that were for the common use of the owners of all the building plots.
Held: Binding on subsequent owners.
Exception to rule that positive burdens do not run with the land.
‘One cannot take the benefit of these rights yet avoid the burdens of them.’

Question 4

Section 78(1) , Law of Property Act 1925

Answer 4

A covenant relating to the land of the covenantee shall be deemed to be made with the covenantee and his successors in title.

Question 5

Section 84(1) , Law of Property Act 1925

Answer 5

The Lands Chamber has power ‘wholly or partly to discharge or modify’ a restrictive covenant.