Freehold Covenants

What is a covenant?

Who is the person who made the promise?

who is the person to whom the promise is made

What is a restrictive (negative) covenant?

What is a positive covenant?

How does enforcement of covenants work?

Contracts (Rights of Third Parties) Act 1999 Applies to contracts (and covenants) entered into on or after 11 May 2000. How does this apply to covenants?

how are covenants enforced between the origional covenanting parties?

Generally only the parties to a deed/contract can enforce the terms subjuct to which two exceptions?

How are the Contract (rights of third parties) act 1999 requirements for enforcing?

what do the Contract (rights of third parties) act 1999 requirements for enforcing actually mean in practical terms?

After both the dom and serv lands have passed to successors are is the covenant still enforceable between the origional parties?

What does a successor in title to the dominant land need to do to be able to enforce a covenant?

Why might the origional covenantor not be the best person to pursue for the breach?

Who is the best person to pursue for a breach of a covenant?

Passing of benefit can happen it two ways which are?

What 2 ways can the benefit pass at common law?

what are the requirements for express assignment under s.136 LPA?

Case which governs implied assignment?

What are the requirements from P&A Swift Investments?

Case which says that the legal title held by the covenantee does not need to be the same land is held by the successor covenantee?

How does the burden of a covenant pass to successor at common law?

What is the rule from Halsall v Brizell?

Can the burden of a covenant pass in equity?

What are the 4 conditions from tulk v Moxhay?

case which states that a positive covenant cannot pass?

How does a covenant touch and concern land?

Tulk v Moxhay - Intended to run

How does this work?

Tulk v Moxhay - purchaser of servient land must have had notice

How is a covenant on registered land protected?

How is a covenant on unregistered land protected?

How can the benefit of a covenant pass in equity?

The benefit of a covennt will pass in equity provided...

What is annexation?

What types of annexation are there?

What is express annexation?

how can express annexation occur

How does statutory annexation apply?

What is statutory annexation?

Case on statutory annexation?

Other way to assign the benefit of a covenant in equity?

What is a building scheme or scheme of development

Advantage of a building scheme?

Case which established the requirements for a scheme of development?

Requirements from Re Dolphons Conveyance?

What are the remedies for breach of a covenant?

What extinguishes a covenant?