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1160244
Freehold Covenants
Description
Mind Map on Freehold Covenants, created by rashmisingh82 on 18/08/2014.
Mind Map by
rashmisingh82
, updated more than 1 year ago
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Created by
rashmisingh82
almost 10 years ago
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Resource summary
Freehold Covenants
Restrictive
E.G cannot run a business or build
Positive
Perform obligation e.g maintain boundary wall
Covenantee - Benefit of a Cov
Covenantor- has burden of a covenant
Benefit @ Common Law
cov 'touches and concerns' the land
C'ee owns land benefited
orig partied intended benefit to run
assignee derived title from orig C'ee
Burden @ Common Law, will not run at common law - Rhone vStephen but will if
chain of indemnity covs
Conveyance containing cov reserves rentcharge to make good breach of cov
Halsall v Brizell - cannot take benefit without obligation
Creating commonhold land
Benefit in Equity
annexation of the cov to the land - implied LPA s78
Express assignment of cov to buyer of benefiting land
Building scheme Elliston v Breacher
Burden in Equity - Tulk v Moxhay
Cov is restrictive in nature
original parties intented Burden to run LPA s79
Cov'ee owned land capable of benefiting from the Cov @time created
Party bound has notice if created after 1925 - protected by registration- notice in reg land or Dii land charge if unreg
Also that buyer of ben land shows that ben has passed in equity not enough to show ben passes in common law
Cov can be discharged or changed
Land trib order s84(1) LPA1925
cov obsolete or impedes reasonable use of land
deed of release of variation by parties
where both ben or burd land comes into common ownership (except building schemes)
where cov is void for non registration D(ii) land charge
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