Q&As

A restrictive covenant was registered correctly on the titles to the benefitting and burdened land. A deed of release released the restrictive covenant and the burden was removed from the burdened title but the benefit was not removed from the title of the benefitting land. Can the restrictive covenant be enforced against the burdened land? Does it make a difference if the benefitting land has been transferred since the date of the deed of release?

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Produced in partnership with Kevin Leigh of No 5 Chambers
Published on LexisPSL on 09/08/2021

The following Property Q&A produced in partnership with Kevin Leigh of No 5 Chambers provides comprehensive and up to date legal information covering:

  • A restrictive covenant was registered correctly on the titles to the benefitting and burdened land. A deed of release released the restrictive covenant and the burden was removed from the burdened title but the benefit was not removed from the title of the benefitting land. Can the restrictive covenant be enforced against the burdened land? Does it make a difference if the benefitting land has been transferred since the date of the deed of release?

A restrictive covenant was registered correctly on the titles to the benefitting and burdened land. A deed of release released the restrictive covenant and the burden was removed from the burdened title but the benefit was not removed from the title of the benefitting land. Can the restrictive covenant be enforced against the burdened land? Does it make a difference if the benefitting land has been transferred since the date of the deed of

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