Freehold covenants

Question 1

Rhones v Stephens

Answer 1

Burden does not run at law

Question 2

Tulk v Moxhay

Answer 2

Burden of Restrictive Covenant may run in equity.
Requirements:
- must be restrictive (Rhones v Stephens)
- Cov must touch and concern identified benefited land and must not be expressed to be personal (s.79 LPA)
- covenantee must hold benefited land at the time of covenant (London CC v Allen
- successor must not have a defence (covenant must be registered as a notice under LRA 2002)

Question 3

Halsall v Brizell

Answer 3

Mutual benefit and burden may be an indirect method of passing the burden of positive covenants

Question 4

Rogers v Hosegood

Answer 4

Touch and concern the land = either affect the land as regards mode of occupation, or it must be such per soe, and not merely form collateral circumstances, affects the vlaue of the land.

Question 5

Elliston v Reacher

Answer 5

Scheme of development:

• land divided into plots
• plots sold by common vendor
• covenants identical
• intended by vendor
• purchasers bought with understanding

Question 6

Re Dolphin Convyeance

Answer 6

Scheme of development does not require common vendor

Question 7

Small v Oliver Saunders

Answer 7

The difference between the covenants may be small