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Create a 8 page essay paper that discusses Land law assignment.Restrictive covenants only exist where there is a negative duty on the owner of the covenanted land5. In this instance the duty is a nega
Create a 8 page essay paper that discusses Land law assignment.
Restrictive covenants only exist where there is a negative duty on the owner of the covenanted land5. In this instance the duty is a negative duty6 as the restrictions applied by the covenant state that no work can be carried out on the pigs cannot be kept on the land and not to use the land for any form of business
In order for a restrictive covenant to be binding on successive owners of the land the covenant must be recorded on the register as a minor interest.
If the covenant is not recorded in this way then the new purchasers take the property free of all the agreed covenants7.
Baroness Whinge could assert that the benefit of the restrictive covenant has passed to her land and that she intends to enforce this covenant. It is important to note that covenants are only binding between the parties to the contract and cannot bind third parties8. This would mean that the covenant between Baroness Whinge and Lord Stubborn. If the wording of the covenant includes their successors-in-title9 the implication of this is that the original parties have promised that all future owners will observe the covenants. When Lord Stubborn started using the land in this way Michael would effectively be held to be in breach of the covenant10.
Michael could ensure that the covenants are kept by successive owners by getting a covenant from them to indemnify him against any liability he might incur if the covenants are breached. Section 78 of the Law of Property Act 1925 entitles the new owners to claim for breaches against any successors-in-title if it can be established that the benefit of the covenant has become part of the land. The claims would not be against the new owners but the original parties to the covenant unless a covenant had been made between the original parties and the new owners11.
As Lord Stubborn was not made aware of the covenants it