| Commentary

121 Drafting of covenants

| Commentary

121 Drafting of covenants

If it is desired that the terms of any positive covenant should continue to be enforceable after the land is transferred by the covenantor, the covenant should be drafted so that the covenantor is obliged to obtain a covenant from his successor in title direct with the covenantee in order to ensure continuing privity of contract1.

Restrictive covenants should be expressed to be for the benefit of the seller’s retained land2.

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