Extracts from the notes are below, to see the pdf youll receive please use the links above. Easy upload of your notes and easy searching of other peoples notes. Revision note on enforcement of leasehold covenants old and new leases in land law. Whereas freehold covenants are promises to do or not to do something on your own land, leasehold covenants are promises as to how a landlord and tenant will conduct themselves for the duration of a lease. Freehold covenants flashcards from charles fikrys class online, or in brainscapes iphone or android app. The land and convincing law reform act states that freehold covenants should not bind successors in title and also states the possibility of application to court for an order discharging whole or part of a freehold covenant reason being that continued compliance with the covenant would interfere with the use and benefit of the land affected by it. In last weeks lecture we looked at what equity is and the interplay between equity and the common law so, what is equity. If you struggle with any of the questions we suggest that you look at your land law notes andor a land law text book such as a textbook on land law by mackenzie and phillips. The covenantor is the landowner making the promise i. Ultimately, land law is looking to determine what interests there are in the land and therefore what a person can do with the land. Land law freehold covenants what is a freehold covenant becca sells part of her fh land to jason in transfer deed s52 1 lpa 1925 jason covenants with.
This follows the basic rules of privity of contract. Easements, covenants and profits a prendre, law commission no. Welcome to the eighth topic in this module guide freehold and restrictive covenants. Freehold covenants modify the bundle of rights by requiring the owner to perform or forbear from some act, known as positive or restrictive covenants respectively, and are often done for some. Tom was the owner of a large estate with extensive grounds and a manor house called mallet. Aboriginal people occupied the land until 1700s reception of english law in bc occurred in 1858 law and equity act s. The law treats them differently as it is argued that positive covenants are more of a burden to the land. Freehold and restrictive covenants lecture example questions.
Freehold covenants a covenant in its simplest form is a contractpromise by deed between two parties. Free study and revision resources for law students llb degreegdl on. Lecture notes for freehold covenants topic in land law. Rhone v stephens 1994 the burden of a pos covt cannot run. All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a standalone resource. Level 6 unit 9 land law suggested answers january 2014 note to candidates and tutors. Land law exam notes fundamental concepts of land law possession if someone has possession it means that they are entitled to be in control of land and to use and occupy it adverse possession is where someone is in possession of land, adverse to the rights of the plaintiff.
The lease contains two covenants, one to pay rent and the other to use property as a ladies fashion business. I have simplified the structure as much as i could, and am confident that this would undoubtedly help students tackle questions on this topic in examinations. Complications are caused, however, by law property act 1925, s. Find out more, read a sample chapter, or order an inspection copy if you are a lecturer, from the higher education website. Equitable remedies specific performance and promissory estoppel what is specific performance. Learn freehold covenants with free interactive flashcards. Detailed notes giving explanations of covenants in freeholds. The basic rule is that the burden of a covenant in relation to land does not run with the land at common law austerberry v corporation of oldham1995. Freehold covenant part 1 welcome to the official law sessions youtube channel. Freehold covenants free download as powerpoint presentation. As such, land law is heavily governed by how your neighbours interact with land and what you could have been expected to know. The requirements for determining whether a covenant does touch and concern land have been restated by swift investments v combined english stores 1988.
This is my freehold covenants suggested problem question structure. Enforceability is not a problem when considering the original parties to a covenant. Commonhold and leasehold reform act 2002 explanatory notes. You should also answer the exam question using the ilac method, which will. For historical reasons, positive covenants cannot apply to freehold land once the first buyer of the property has sold it.
Detailed outline on freehold covenants with supported authority. We also stock notes on gdl land law as well as gdl law notes generally. Positive covenants require the person to do something. In land law, covenants can burden land and affect the use of it somehow. It is only possible for a subject to own a set of rights in the land known as an estate in land. Obsolete restrictive covenants portsmouth research portal. Land law notes, cases, and past papers digestible notes. Part of that estate, called velvet pastures, was used.
The law commission has suggested reforming them so they are treated alike. Freehold and restrictive covenants lecture lawteacher. Land freehold covenants revision flashcards quizlet. The running of the burden refers to whether a new owner of the land has to abide by the covenant. Chapter two the history of restrictive covenants and their place in law and. Freehold covenants involve someone who is making a promise and suffers a burden covenantor and another person who receives the benefit of that promise covenantee. The benefit of a covenant will pass at law where the covenant touches and concerns that is, it is not personal, but affects the mode of user or occupation. The concept of leasehold covenants should not be confused with freehold covenants, however. Rhone v stephens 1994 ukhl 3 is an english land law case, at the court of final appeal level, concerning the succession to the burden of positive covenants in freehold land within which it. Freehold covenants are promises between the covenantor and covenantee made by deed to do or not to do certain things on freehold land. You may find the table of contents to be a quick and useful overview of the law to be applied. Runs with the land restrictive freehold covenants right to stop someone doing something on their land the numerous clausus principle means that there are only defined interests in land you cannot. Then the executor can use form a to dispose of land sources of property law.
Detailed notes giving explanations of covenants in. Common law passing of burden benefit and burden rule. Purpose of annexation for more convenient use as a chattel or for more convenient use of the land or building. Freehold covenants lecture notes land law m3026 sussex. Aughterson notes that the doctrine exists simply to remove the need for complex and. Disadvantages of annexing to each and every part of the dominant. Doc freehold covenants land law a simplified guide. The covenantee is the landowner to whom the promise is made i.
Learn vocabulary, terms, and more with flashcards, games, and other study tools. Choose from 191 different sets of freehold covenants flashcards on quizlet. Recommendations for the reform of freehold covenants 5. I would highly recommend london law lectures to all students of law. Where there has been a successful annexation to a dominant land, then the dominant land is subdivided and sold on, the owners of the subdivided land cannot enforce any covenants attached to the original dominant land russell v archdale 1964 ch 38. Runs with the land restrictivefreehold covenants right to stop someone doing something on their land the numerous clausus principle means that there are only defined interests in land you cannot. Thanks for the help, i have been working through a nutshells land law and their chapter of freehold covenants has been absolute rubbish. Land may be burdened by covenants which affect its use in some way, or may have the benefit of.
The time limit to bring an action to recover land is 12 years. Home university study tools law freehold covenants. Look at common law then at equity c and c have entered into a promise to do with the use of the land and covenantor has sold on the land so need to see. The following section will test your knowledge of freehold covenants in the context of land law when does the burden or benefit of a covenant pass, are the. A covenant is a promise made by one landowner to another regarding the use of freehold land. Estates in land all land in england and wales notionally belongs to the crown absolutely.
While a restrictive covenant requires a person to refrain from doing something. Topic 6 freehold covenants land law 20 cl5201 studocu. The hong kong land law notes are formatted into a stepbystep guide, which you can use as a checklist in your exams to ensure that every element of the exam question is answered. This chapter investigates how certain covenants relating to land between freehold owners can overcome the normal privity of contract rule, and can be enforced by and against third parties. Discharge and modification of restrictive covenants. The lectures are broken down in an easy to understand format and provide the vital information needed. Land law laws2383 comprehensive notes for land law laws2383 3. This chapter focuses on covenants in freehold land. A covenant is a promise made in a deed by a covenantor for the benefit of a covenantee. I made my own notes from your chapter and i feel ready for my exam on monday if covenants comes up.
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