Where the seller wishes to impose new covenants on the buyer to restrict the future use of the land provision must be made expressly in the contract1.
Covenants which are imposed on the sale of a new house on a building estate will usually comply with the terms of a building scheme2. In other cases, the enforceability of such restrictions against a subsequent purchaser of the land depends on their being negative in substance, expressly taken for the benefit of the seller's retained land, and protected by the entry of notice in the charges register of the title (or as
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