THIS IS HOW I WOULD STRUCTURE IT:
Define covenant; establish who the covenantor and the covenantee is in the problem. If the three covenants set out by H are positive or negative (restrictive covenants) and briefly point out the key problems you will expand on in the scenario.
Main body –
Talk about the general rules of law in covenants:
Enforcement at common law:
Benefit of the covenant can run but the burden cannot. L’S BENEFIT WILL RUN
Contract rights of third parties act 1999 - section 1 enables a person who is not a party to a contract to take the benefit of a contractual term, which purports to confer a benefit on him. As R AND L ARENT ORIGINAL PARTIES TO THE CONTRACT THEY CANNOT BE SUBJECT TO THE COVENANT.
The running of benefit at law smith v snipes farm, P & A swift investments 1989 (EXPLAIN HOW THESE CASES RELATE)
section 79 (1) LPA – The original covenantor being liable for any breaches by successors in title
Enforcement in equity:
Certain negative covenants can run in land… Tulk v Moxhay 4 requirements: the covenant must be negative/restrictive, it must touch and concern the dominant land, covenant must be made with a intent to burden the servient land , covenant must be made to benefit the dominant land retained by the covenantee.
Other ways benefits can run in equity through… for L’s BURDEN TO RUN WAS ANY OF THESE METHODS USED? annexation (attachment of benefit to land), assignment (attaches benefit to person), scheme of development(local laws inside that land made).
- The remedies available for R/ L ,
- damages awarded by court, (SHELFER V CITY OF LONDON (1895) DAMAGES AWARDED TO L FOR BREACHES OF THOSE COVENANTS IF THEY CAN PROVE THE BENEFIT RAN?
- injunctions, (CHATSWORTH ESTATES 1931)
- discharge of covenant s.28 LPA MAYBE R COULD DISCHARGE OF THE COVENANT IF IT DOESN’T SEEM REASONABLE FOR THE PURPOSE.
This is a sample of our (approximately) 6 page long Freehold Covenants notes, which we sell as part of the GDL Land Law Notes collection, a D package written at Cambridge/Bpp/College Of Law in 2017 that contains (approximately) 455 pages of notes across 58 different documents.
Freehold Covenants Revision
The following is a plain text extract of the PDF sample above, taken from our GDL Land Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
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).
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