Question: Explain, with the use of examples, how freehold covenants may effectively impose controls over land use which bind all successors in title to the original covenantor and covenantee.
Answer: The concept of freehold restrictive covenants places around promises made by one party to another. In this sense, obligations are placed on parties in respect of freehold conveyances which bind partied to fulfil those promise they have made to one another Law: It should be noted that at common law, the benefit of a freehold restrictive covenant can pass provided four conditions are met. These are detailed as follows: The covenant must touch and concern the land which according to the case of P & A Swift Investments v Combined English Store Group states that the covenant must benefit the estate owner for that time being. Secondly, the parties must have intended that the benefit should run. This requires obviously looking at the intention of the parties. Such an intention may be expre......(short extract)
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Details: - Mark: 72% | Course: Land law | Year: 2nd/3rd | Words: 988 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 753
