Restricive Covenants

Question 1

Covenant

Answer 1

Agreement between 2 landowners 
Made by deed
Can be positive or negative
For examole: A sells land to B as a building plot, A has cetain stipulations that he would like B to follow : Buid a fene, limit the height og the building , mainin the fence 
These could be written into conveyance 
What happens if B sells the land to C,

Question 2

Section 78 LPA

Answer 2

(1) A covenant relating to any land of the ccovenan shall e deemed to be made with the covantee and his sucessors in title and the persons derivin title under him or them, and shall have effect as if such successors and other persons were expressed.
For the purpose of this subsetion in coonnexion with covenants restrictive of hhe user of land “successors in title shall be deemed to include the owners and occupiers for the time beiing of the land of the convanteee intended to be benfited.

Question 3

Section 56 LPA

Answer 3

Persons taking who are not parties and as to indentures
(1) A person may take an immediate or other interest in land or other property, or the benefit of any condition, right of entry, covenant ot agreement over ot respecting land or other property, although he may not be named as a party to the conveyane or other instrument.

Question 4

Roberts v Howlett

Answer 4

Not to use property or permit the same to be used for any purpose to be used for any purpose other than as a single private dwelling hose
Court eld: covenant to use property as a private dwellinghouse is different from a covenant to reside personality in aproperty and is not broken by a covenant who lets his house to another person who then lives in it as his home. Th way in which students used the house as a single private dwelinghouse. And therefore no breach.