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Restrictive Covenants (Definition of a Covenant (Means by which a…
Restrictive Covenants
Definition of a Covenant
Means by which a landowner can attempt to control the use of land after it has passed into the ownership of others
Interest can exist in equity one and land must be registered for protection as a notice to the Land Registry
The covenant is created by a deed between the covenant or (who assumes the burden) and the covenantee (who takes the benefit under the covenant)
Only the original parties are bound under the rule of privity of contract. The burden cannot pass to a third party under law.
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Discharge of Covenants
A covenant can continue to affect land in perpetuity unless the parties affected discharge the obligation by deed
LPA 1925 gives the Upper Tribunal (Lands Chamber) the power, on application to discharge or modify the covenant
Covenant can be extinguished automatically should the burdened and benefiting land come into common ownership and possession
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Common Law
Transmission of the Benefit -the benefit of the covenant will pass at common law when the following conditions are satisfied:
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