Please enable JavaScript.
Coggle requires JavaScript to display documents.
Freehold covenants - Coggle Diagram
Freehold covenants
In equity
Scheme of development
Passing the benefit of a covenant
Annexation
Statutory annexation
Implied annexation
Express annexation
Express assignment
Passing the burden of a covenant
The purchaser of the servient land must have had notice of the covenant
The original parties must have intended for the burden to pass with the servient land
The covenant must accommodate the dominant land
The covenant must be negative in nature
Remedies
At common law
Indemnity covenants
The rule in Halsall v Brizell [1957]
Passing the burden of a covenant
Passing the benefit of a covenant
Implied assignment
Express assignment
Extinguishment and discharge
Extinguishment
Discharge
By the court (applicable to restrictive only)
By the parties affected
Enforcement
Between successors in title
Between the original parties to the covenant
Reform