Where restrictive covenants have been validly annexed to land, the person with the benefit of those covenants will be able to enforce the covenants by injunction or damages against either the present estate owner of the land which bears the burden of the covenants or the original covenantor. The original covenantor may, in turn, be able to recover his loss from his immediate successor in title through an indemnity covenant1.
In certain circumstances it may be possible to make an ex parte application to the Upper Tribunal (Lands Chamber)2 for the modification or release of an obsolete restrictive covenant3.
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