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4 Cards in this Set
- Front
- Back
Freehold covenants v leasehold covenants
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A covenant in land law is a promise created by deed1 between two parties, one providing the promise not to engage in an activity (negative) or to do a positive action on their own land for the benefit of the other parties neighbouring land e.g. preservation of non-business character in residential areas.
Freehold covenants concern land owners, while leasehold covenants concern relations between a lessor and a lessee. Restrictive covenants run with the land. Positive covenant runs with the person. |
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Freehold covenants - enforceability
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Statutorily regulated :
LCLRA 2009 s48 LCLRA 2009 s49(2) |
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Freehold covenants - discharge
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1. Express statutory power of the court
2. Refusal to award an injunction 3. Acquisition of the fee simple 4. Registered land |
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Leasehold covenants
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Can be express of implied.
If it touches and concerns the land, it must be followed. Not usually problematic because they are usually contained within the leasehold agreement. |