A more recent version of these Freehold Covenants notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Land: Freehold Covenants
- Definition: promise contained in a deed extracted by 1 freehold owner (covenantee) from another (covenantor), whereby covenantor promises to do/not to do something over his land. creation: s53(1)(a) LPA 1925 - in writing signed by covenantor.
1. identify: parties (original + successors). dominant + servient land. nature of breaches. issue. creation (s53(1)(a) LPA 1925: in writing signed by grantor) - assume valid.
2. equity: negative covs. (consider equity 1st: burden unlikely to pass at CL (Austerberry v Oldham Corp) + equitable remedies better). burden: 4 requirements (Tulk v Moxhay: negative; accommodate dom. ten.; intention; notice). benefit: touches/concerns land; annexation, assignment or scheme of development.
3. CL: positive covs may pass. burden: generally will not pass; exceptions - indemnity chain. rule in Halsall v Brizell. benefit: express assignment (s136 LPA 1925).
Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.