Commentary

120 Enforcement of negative covenants

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

120 Enforcement of negative covenants

| Commentary

120 Enforcement of negative covenants

Negative restrictive covenants bind successors in title of the covenantor provided that:

  1. 120.1

        they are properly drafted and comply with certain equitable rules1; and

  2. 120.2

        they are recorded by registration of a land charge against the burdened land (in the case of unregistered land), or are the subject of a notice in the register (in the case of registered land)2.

If, in the case of registered land, the covenant is not contained in a registrable disposition under the Land Registration Act 2002 (such as a transfer), application should be made for entry of a notice in

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