| Commentary

118 Positive and negative covenants

| Commentary

2: COVENANTS

118 Positive and negative covenants

Covenants are often imposed on a buyer of freehold land to control the use and enjoyment of the land sold, or to protect the land retained by the seller. Transfers of land including or comprising gardens are no exception to this. An important distinction can be made between positive covenants and negative covenants. Examples of positive covenants are covenants to maintain the garden boundary fences or walls, or to keep a right of way or a septic tank in the garden in good repair1. Examples of negative covenants are covenants not

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