Question: In what circumstances may the burden of a freehold covenant pass to a successor in title of the original covenantor?
Answer: It is a general principle of English law that, while the benefit of a contract can be assigned to a third party, the burden of a contract cannot. In the law of real property, this can cause serious difficulties, for it means that when an owner of land makes a promise by covenant to do or not to do something on their land (in other words, imposing a burden on that land), then any successor in title to that original covenantor may well be able to acquire the land free of the burden placed upon it.......(short extract)
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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 1368 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 550
