Q&As

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 14/09/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?

Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?

A covenant is an obligation to do (a positive covenant), or not to do (a restrictive covenant), a specified thing. Restrictive covenants will run with the land, but a positive covenant does not, so in order to bind a future owner of the land, there is usually an obligation to procure the execution of a new positive covenant upon sale, see Practice Note: Positive covenants—binding successors in title and Due diligence—positive covenants—checklist.

A covenant to erect and maintain a boundary fence is a positive covenant, as it obliges the landowner to erect and maintain the fence. It appears that the fence w

Related documents:

Popular documents