Land Ws7 Freehold Covenants

Front 1

Covenants can not be legal interests in land

Back 1

LPA25, s1(2)

Front 2

Covenants can only be equitable

Back 2

LPA25, s1(3)

Front 3

Usually created by deed but minimum formality is signed writing

Back 3

s53(1)(a)

Front 4

Touches and concerns test:

Back 4

P&A Swift Investments

– Covenant benefits LL or T only while they hold the estate
– Covenant affects the nature, quality, mode of user or value of the

Front 5

Benefit passing at common law

Back 5

Smith and Snipes Hall Farm

1. Touch and concern
2. Both original C and now C have a LEGAL
3. Original meant to run with land

Front 6

Touch and concern test

Back 6

P&A Swift Investments

Touches and concerns test:
– Covenant benefits LL or T only while they hold the estate
– Covenant affects the nature, quality, mode of user or value of the land
– Not expressed in reference to specific persons

Front 7

Statutory or deemed annexation post 1925

Back 7

LPA25, s78

Front 8

The general rule is burden at common law does not run with land due to privity of contract

Back 8

Austerberry v Oldham

Front 9

Unless deed states to the contrary, covenantor binds himself and successors in title

Back 9

LPA, s79

Front 10

If you take a benefit from the deed, you take the burdens too

Back 10

Halsall v Brizell

Front 11

The Halsall v Brizell rule is only if the benefit/burden relate to each other

Back 11

Rhone v Stephens

Front 12

Original parties intended benefit to run in equity by:
- express wording
- statutory (deemed) annexation

Back 12

LPA25, s78, Federated Homes

Front 13

Burden passes in equity only if:

Back 13

Tulk v Moxhay
- Covenant is restrictive
- Ts and Cs (Swift)
- Burden intended to run (express or deemed)
- Pre 1926 bind all but Equity’s Darling
- Post bind if registered

Front 14

Resrictive covenant binds in equity on unregistered land if...

Back 14

if D(ii) (LCA72, s1(5) land charge before sale

Front 15

Resrictive covenant binds in equity on registered land if...

Back 15

Registered is a IARE: notice on charges register before completion (LRA s27)