Freehold Covenants

Freehold Covenants

1. identify the covenants

   • Identify the potential breaches
     • who needs to be shown to have the burden?
       • burden cannot pass at law - Austerbury v Oldham
       • passing the burden in equity - Tulk v Moxhay hurdles
         • restrictive
           • common intention - Morell's v Oxford Utd FC
             • benefits DT - LCC v Allen
               • Notice/registration - S2(5) LCA/S32(1) LRA
     • who needs to be shown to have the benefit?
       • passing at common law - S136 LPA
         • express - S136 LPA
           • written notice but only where original covenantor retains the land and new covenantee owns all the original covenantee's land
         • implied - S78 LPA
           • works with part sales
           • touches/concerns the land - PA Swift v English Stores
             • -benefits covenantee for the time being - affects the nature/quality of the land -not expressed to be personal
             • covenantee has the legal estate in the land benefited
               • Smith v River Douglas Catchment Board - cannot be an equitable estate in that land
               • assaingee has the legal estate in the land benefited
                 • cannot be an equitable estate in the land
                 • benefit must have been intended to run