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Chapter

Cover Essential Cases: Land Law

Federated Homes Ltd v Mill Lodge Properties Ltd [1980] 1 WLR 494, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Federated Lodge Homes Ltd v Mill Lodge Properties Ltd [1980] 1 WLR 494, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Federated Homes Ltd v Mill Lodge Properties Ltd [1980] 1 WLR 494, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Federated Lodge Homes Ltd v Mill Lodge Properties Ltd [1980] 1 WLR 494, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover The Principles of Land Law

13. Freehold Covenants  

This chapter assesses the law relating to freehold covenants. Freehold covenants are, at their heart, voluntary agreements entered into by one freehold owner with another person, according to which he promises to behave in a particular way in relation to his land. Strictly speaking, a ‘covenant’ is a promise made by deed. There are two types of freehold covenant: positive covenants and negative covenants. A negative covenant is one by which the covenantor agrees not to use his land in a particular way. Positive covenants, by contrast, require that the promisor ‘put his hand in his pocket’ and pay money to achieve a certain end. The chapter then explains how freehold covenants are created and interpreted. It also considers the different routes by which the benefit and burden of these rights attaches to land, and how this affects successors in title. Moreover, the chapter examines the rules relating to positive covenants and the limited ability of such rights to bind successors in title, as well as the power of the court to modify or discharge restrictive covenants.

Chapter

Cover Textbook on Land Law

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.

Chapter

Cover Textbook on Land Law

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 the proposals for reform of the law.

Chapter

Cover Essential Cases: Land Law

Halsall v Brizell [1957] Ch 169, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Halsall v Brizell [1957] Ch 169, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Rhone v Stephens [1994] 2 AC 310, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rhone v Stephens [1994] 2 AC 310, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Halsall v Brizell [1957] Ch 169, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Halsall v Brizell [1957] Ch 169, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Rhone v Stephens [1994] 2 AC 310, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rhone v Stephens [1994] 2 AC 310, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law Concentrate

13. Freehold covenants  

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 freehold covenants. Freehold covenants are promises extracted by one freehold owner (the covenantee) from another freehold owner (the covenantor), whereby the latter promises either to do (positive covenant) or not to do (negative covenant) something over his land. The land burdened by the promise becomes the servient tenement. The land benefiting from the promise becomes the dominant tenement. Covenants commonly arise when a freehold owner is selling off part of his freehold to another and wishes to maintain some degree of control over the land being sold in order to preserve the value and enjoyment of the land he is retaining. Covenants may be enforceable between successors in title to the original covenantee and covenantor but only where certain requirements have been met.

Chapter

Cover Land Law

12. Freehold Covenants  

This chapter considers covenants that exist in relation to freehold land—also known as ‘freehold covenants’. As the name suggests, these are promises made between freehold owners of land. The chapter explores the nature of freehold covenants: how such covenants are created and enforced between the original parties and successive owners of the land, the role of law and equity and the role of remedies, and the legal and equitable rules. Finally, the chapter discusses how freehold covenants can be discharged and modified as well as reform of the law in this area.

Chapter

Cover Land Law

10. Freehold Covenants  

This chapter examines the proprietary effect of covenants relating to freehold land as agreements that can be enforced against subsequent owners of the servient land by subsequent owners of the dominant land. It first considers the terminology and structure used to create freehold covenants relating to land before discussing the enforceability of the burden of freehold covenants to define who can sue for breach of covenant. It then looks at indirect enforcement of positive obligations and explains how freehold covenants relate to the acquisition and defences questions. It also analyses the entitlement to the benefit of freehold covenants to define who can sue for breach of covenant, the common remedies for breach of a freehold covenant, and the statutory jurisdiction to alter outdated covenants. Finally, it evaluates a number of proposals to reform the law governing land covenants.

Chapter

Cover Land Law

23. Freehold Covenants  

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 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. Restrictive covenants significantly control land use and supplement and complement public planning laws. The burden of a negative covenant will not run at common law, but may run in equity by virtue of the rule in Tulk v Moxhay. The benefit of a restrictive covenant will run if it is: expressly assigned; annexed to the land; or subject to a building scheme. The Lands Chamber of the Upper Tribunal has jurisdiction under s 84 of the Law of Property Act 1925 to modify or extinguish restrictive covenants. Reform recommendations offer a final acknowledgement that both negative and positive covenants affecting land should be ‘genuine proprietary interests’ rather than ‘a peculiar species of personal contract’.

Book

Cover Textbook on Land Law
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’.

Chapter

Cover Essential Cases: Land Law

Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords. The document also includes supporting commentary from author Aruna Nair.