Q&As

Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent conveyance of the adjoining land no obligation was placed on the successor in title to comply with the positive covenant?

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Published on LexisPSL on 22/01/2016

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

  • Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent conveyance of the adjoining land no obligation was placed on the successor in title to comply with the positive covenant?
  • Positive covenants

Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent conveyance of the adjoining land no obligation was placed on the successor in title to comply with the positive covenant?

Positive covenants

The burden of a positive covenant will not run with the land in any circumstances; see Practice Note: Positive covenants—binding successors in title. Some conveyancing devices have been developed to overcome this problem. One is to enter a ‘chain of covenants’ whereby on each sale of the land an indemnity covenant is obtained in favour of the seller. The new covenant is directly enforceable by the seller against its successor and so can be relied on if the person with the benefit of the covenant (covenantee) seeks to enforce against the original maker of the promise.

If the chain of covenants has been broken then, although the

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