Commentary

119 Enforcement of positive covenants

ALLOTMENTS, SMALLHOLDINGS AND GARDENS vol 2(3)
| Commentary

119 Enforcement of positive covenants

| Commentary

119 Enforcement of positive covenants

The general rule is that positive covenants are legally binding only between the original parties by privity of contract; and covenants such as to maintain a septic tank1 cannot be enforced against the successors in title of the covenantor. However, the benefit of a positive covenant may be assigned, and the covenant can be enforced by a successor in title of the covenantee2.

A covenant to fence, such as those frequently found affecting gardens, is, strictly speaking, a positive covenant, but may become established by prescription as an easement and so be

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