Property - Covenants

Front 1

Restrictive covenants: definition

Back 1

Equity rights

An obligation that I undertake in your favor: touches and concerns my land, touches and concerns your land, operates in a negative way

Front 2

Elliston v Reacher

Back 2

Building scheme assumes 1 + 2 are met

Front 3

Pub & Brewery CO.

Back 3

Issue of dominant land
-->business purposes
--> ultimately no

Front 4

Haywood v Brunswick Permanent Benefit Building Society

Back 4

Can split up covenant into right in rem and right in personam

Illusory? Commonhold addresses concerns to some extent

Front 5

Creation

Back 5

Normall express, e.g. reflects in price ad hoc

Front 6

Conferral on 3rd party

Back 6

1. Own both: create restrictive covenant in favour of other.
2. Sell A. A has no covenant in favour of B.
3. Sell B. B has covenant in favour of A.

Shown: documentation, surrounding circumstances, building scheme

Front 7

Effectiveness against disponess

Back 7

Binding if registerd
No overring interest

A eneteres covenent with B
A transferts land it benefits to C
C acquires rights if:
1. original annexted covenant to land
2. A assigned covenant to C
3. Building scheme

Front 8

Annexation

Back 8

Express, upon conferral

Front 9

Rogers v Hosegood

Back 9

Statutory annexation occurs whenever agreement meets conditions for statutory covenants

Front 10

Assignment

Back 10

Hardly ever occurs, when stat. annexation does not apply.

Only remains enforceable if transfer continues upon each transfer of dom. land