Q&As

If a right is reserved for a person and ‘all other persons in their presence and authorised by them’, would that be a personal right as anyone else would have to be in their presence? If the person then sells on the property, could that right pass with the sale of the land?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 10/01/2019

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • If a right is reserved for a person and ‘all other persons in their presence and authorised by them’, would that be a personal right as anyone else would have to be in their presence? If the person then sells on the property, could that right pass with the sale of the land?
  • Covenants and whether they run with the land

If a right is reserved for a person and ‘all other persons in their presence and authorised by them’, would that be a personal right as anyone else would have to be in their presence? If the person then sells on the property, could that right pass with the sale of the land?

The principles for determining who has the benefit of a profit are the same as for determining who has the benefit of a covenant—although there is considerably more case law about the latter than the former.

Covenants and whether they run with the land

A covenant is in essence a contractual right which is valid between the parties to it.

The benefit of a covenant may ‘run with the land’, meaning that the covenant is so annexed to the estate in the land concerned, that the rights and obligations created by the covenant pass to the successors-in-title of the landlord and tenant.

For a covenant to run with the land, it must ‘touch or concern the thing demised’: see for example Dewar v Goodman.

The concept of ‘touching and concerning the land’ has been described

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