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Chapter

Cover Land Law Directions

13. Covenants in freehold land  

This chapter focuses on covenants in freehold land. A covenant is a promise made by one landowner to another regarding the use of freehold land. Enforceability is not a problem when considering the original parties to a covenant. The parties have simply entered into a contract with each other. Complications are caused, however, by Law of Property Act 1925, s. 56(1), which extends the scope of persons who may be counted as original covenantees, and the Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be given to those who are not parties to it. The common law and equitable rules for passing of the benefit and burden of a covenant, positive covenants, breach of covenants, modification and discharge of covenants, and proposals for reform are discussed.

Chapter

Cover Land Law Concentrate

5. The freehold estate  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the freehold estate. The freehold estate is the larger of the two estates in land that has legal capacity and a person who holds a freehold estate over land is tantamount to being the owner of that land. The legal freehold estate is technically known as the fee simple absolute in possession and the characteristics of a legal freehold estate can be found from interpreting this technical definition. A contract for the transfer of a freehold estate must meet the requirements under s 2 Law of Property (Miscellaneous Provisions) Act 1989. A valid and specifically enforceable contract for the transfer of a freehold estate will give the purchaser an equitable interest in the land to be purchased, known as an estate contract.

Chapter

Cover Thompson's Modern Land Law

12. Freehold Covenants  

People who wish to develop their land, or build upon it, must obtain planning permission, applications for which are made public and those who may be affected by the action may make representations. The law governing this area is a highly complex one and involves the public control of land use. Private control of land use involves landowners seeking to regulate how land is used within a particular locality. This chapter deals with covenants made between freeholders and how successors in title to the original parties to the covenant can either acquire the benefit of a covenant or take subject to the burden of it. It first discusses the privity of contract before turning to the transmission of covenants, common law, equity, and restrictive covenants, and also considers remedies available in case a breach of covenant arises, discharge of covenants, and positive covenants.