land - Covenants

Question 1

s4 - cov

Answer 1

definition of covenant
-covenant means a promise expressed or implied in an interustment OR a short term lease nto made in writing

Question 2

what are convenants

Answer 2

they are essentially a promise by an owner of land to do or not to do something in relation with that land

Question 3

s4 - pos cov

Answer 3

A covenant, express or implied in an easement, where the covenantor agrees to do something related to the covenantee’s land that benefits the value or enjoyment of that land or the person occupying it.

Question 4

s4 - restrictive convenat

Answer 4

A covenant, including one expressed or implied in an easement, where the covenantor agrees to refrain from doing something on their land that would harm the value or enjoyment of the covenantee’s land or affect the person occupying it.

Question 5

general effet of covenants

Answer 5

Unless a contrary intention is stated in the instrument, positive and restrictive covenants bind registered owners and occupiers of the benefitted and burdened land. However, under section 4 of the Property Law Act (PLA), “occupier” is defined more narrowly, mainly covering long-term leases.

Question 6

convenants interaction with indefeasibilty

Answer 6

Covenants are noted on the LTA (Land Transfer Act) register rather than registered, meaning they bind subsequent registered owners only if the covenant is otherwise valid.

Question 7

forged covenants v foged easements

Answer 7

A forged covenant innocently noted on the register is unenforceable, as it is a nullity under common law. Conversely, a forged easement or lease that is innocently registered will generally be enforceable, despite being a nullity at common law.

Question 8

ceda dry cleaners v doonan

Answer 8

VALID COVENANT
- - A covenant prohibited shops from being used for commercial purposes unless they were members of the Mangere Town Centre Business Association.
- The covenant was valid as it benefited the dominant (benefited) land. Whether a covenant actually benefits the land it claims to benefit, making it a valid covenant, is a question of fact

Question 9

bezett v aspen grove

Answer 9

INVALID COVENNAT
- - A covenant restricted certain burdened land from being used to access any other land without a particular company’s written consent.
- The covenant was invalid because the land supposedly benefited by the covenant was not actually benefitted.