Q&As

A covenant was imposed over freehold land in 1937, preventing alterations without the approval of the vendors. The vendors are likely to be dead. Alterations were made without consent twenty years ago. Is the covenant enforceable?

read titleRead full title
Published on LexisPSL on 04/04/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A covenant was imposed over freehold land in 1937, preventing alterations without the approval of the vendors. The vendors are likely to be dead. Alterations were made without consent twenty years ago. Is the covenant enforceable?

When A and B enter into a covenant controlling the use of freehold land owned by (or to be transferred to) B for the benefit of land retained or held by A, as a matter of contract it is directly enforceable. Where however either A or B transfers the interest in the respective plots of land, it is only if the rules relevant to the enforceability of freehold covenants in equity are satisfied that the covenant can be enforced.

If A (as original covenantee) has transferred the interest in the benefitted land to C, then C can only enforce the covenant if it can be shown that it benefits that land and that the benefit of the covenant has been assigned. This latter requirement will usually occur automatically as a result of section 78 of the Law of Property Act 1925 (LPA 1925). If B has transferred the burdened land to D, then D will only be bound by the covenant if the covenant is negative in substance, it was intended the burden would run (which is usually the case as a result of LPA 1925, s 79) and it has been protected by registration under the Land Registration Act 2002 (if the land

Related documents:

Popular documents