Q&As

A property is subject to a personal covenant not to use it for certain purposes and the buyer will be giving an indemnity (in the form of an indemnity covenant in the transfer to the seller). If the buyer gives the indemnity covenant, will the buyer be bound by the personal covenant?

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Published on LexisPSL on 19/02/2021

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

  • A property is subject to a personal covenant not to use it for certain purposes and the buyer will be giving an indemnity (in the form of an indemnity covenant in the transfer to the seller). If the buyer gives the indemnity covenant, will the buyer be bound by the personal covenant?

A covenant restricting the use of land imposed for the seller’s own benefit is personal to the seller and only enforceable by them, unless expressly assigned. The query rel

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