72358
Description
Mind Map by Vicky Babs, updated more than 1 year ago
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Created by Vicky Babs
over 11 years ago
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Freehold Covenants
- 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
- Notice/registration - S2(5) LCA/S32(1) LRA
- benefits DT - LCC v Allen
- common intention - Morell's
v Oxford Utd FC
- restrictive
- burden cannot pass at law -
Austerbury v Oldham
- who needs to be shown
to have the benefit?
- passing at common law -
S136 LPA
- express - S136 LPA
Annotations:
- written notice but only where original covenantor retains the land and new covenantee owns all the original covenantee's land
- implied - S78 LPA
Annotations:
- works with part sales
- 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
- covenantee has the legal estate in the land benefited
Annotations:
- Smith v River Douglas Catchment Board - cannot be an equitable estate in that land
- assaingee has the legal estate in the land benefited
Annotations:
- cannot be an equitable estate in the land
- benefit must have been intended to run
- express - S136 LPA
- passing at common law -
S136 LPA
- who needs to be shown to
have the burden?
- Identify the potential breaches
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