Freehold Covenants

Description

Degree Land Mind Map on Freehold Covenants, created by Vicky Babs on 05/05/2013.
Vicky Babs
Mind Map by Vicky Babs, updated more than 1 year ago
Vicky Babs
Created by Vicky Babs almost 11 years ago
156
2

Resource summary

Freehold Covenants
  1. identify the covenants
    1. Identify the potential breaches
      1. who needs to be shown to have the burden?
        1. burden cannot pass at law - Austerbury v Oldham
          1. passing the burden in equity - Tulk v Moxhay hurdles
            1. restrictive
              1. common intention - Morell's v Oxford Utd FC
                1. benefits DT - LCC v Allen
                  1. Notice/registration - S2(5) LCA/S32(1) LRA
          2. who needs to be shown to have the benefit?
            1. passing at common law - S136 LPA
              1. express - S136 LPA

                Annotations:

                • written notice but only where original covenantor retains the land and new covenantee owns all the original covenantee's land
                1. implied - S78 LPA

                  Annotations:

                  • works with part sales
                  1. touches/concerns the land - PA Swift v English Stores

                    Annotations:

                    • -benefits covenantee for the time being - affects the nature/quality of the land -not expressed to be personal
                    1. covenantee has the legal estate in the land benefited

                      Annotations:

                      • Smith v River Douglas Catchment Board - cannot be an equitable estate in that land
                      1. assaingee has the legal estate in the land benefited

                        Annotations:

                        • cannot be an equitable estate in the land
                        1. benefit must have been intended to run
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