Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses covenants affecting freehold land. It covers the enforceability of covenants, including enforcement against later acquirers of land; the problem of positive covenants; remedies; the discharge of covenants; and the proposals for reform of the law.
Chapter
25. Freehold covenants
Chapter
25. Freehold covenants
Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses covenants affecting freehold land. It covers the enforceability of covenants, including enforcement against later acquirers of land; the problem of positive covenants; remedies; the discharge of covenants; and proposals for reform of the law. It illustrates the law by reference to 17 and 18 Trant Way, two freehold properties previously owned by Olive Orange and sold by her subject to a number of covenants, and by reference to 20 Trant Way, a property development comprising several freehold bungalows which were individually sold subject to certain covenants.
Book
Judith-Anne MacKenzie and Aruna Nair
Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The eighteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations in a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences and a review of the law relating to the family home. The next part considers third party rights, including mortgages, and the final part concludes with a consideration of the definition of ‘land’.
Chapter
5. Legal Estates and Legal Interests
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter investigates legal property rights in land and their content. The numerus clausus (or ‘closed list’) principle is of crucial importance when addressing the content question in relation to legal property rights in land. The Law of Property Act 1925 (LPA 1925) divides such rights into legal estates and legal interests. As a result of s 1 of LPA 1925, there are now only two permissible legal estates in land. The chapter then explores the content of a freehold and of a lease, and covers the vital question of why the LPA 1925 imposed this limit on the types of permissible legal estate in land. The facts of Hill v Tupper and Keppell v Bailey offer particular examples of a more general question that land law has to tackle when deciding on the content of legal interests in land.
Chapter
5. Legal Estates and Legal Interests
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter investigates legal property rights in land and their content. The numerus clausus (or ‘closed list’) principle is of crucial importance when addressing the content question in relation to legal property rights in land. The Law of Property Act 1925 (LPA 1925) divides such rights into legal estates and legal interests. As a result of s 1 of LPA 1925, there are now only two permissible legal estates in land. The chapter then explores the content of a freehold and of a lease, and covers the vital question of why the LPA 1925 imposed this limit on the types of permissible legal estate in land. The facts of Hill v Tupper and Keppell v Bailey offer particular examples of a more general question that land law has to tackle when deciding on the content of legal interests in land.
Book
Aruna Nair
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.
Book
Aruna Nair
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.
Book
Aruna Nair
Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The nineteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations of landlord and tenant, their enforcement, and remedies for their breach. Part IV looks at co-ownership, trusts, and proprietary estoppel. Part V considers licences and provides a summary of the law relating to the family home. The next part considers third party rights, including easements, freehold covenants and mortgages, and the final part concludes with a consideration of the definition of ‘land’.
