Irish Land Law - Covenants

Front 1

Freehold covenants v leasehold covenants

Back 1

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.

Front 2

Freehold covenants - enforceability

Back 2

Statutorily regulated :

LCLRA 2009 s48

LCLRA 2009 s49(2)

Front 3

Freehold covenants - discharge

Back 3

1. Express statutory power of the court

2. Refusal to award an injunction

3. Acquisition of the fee simple

4. Registered land

Front 4

Leasehold covenants

Back 4

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.