Q&As

Where part of a piece of land is sold and the transferor (Y) gives positive covenants in favour of the transferee (X) and also covenants that on any further disposition of all or part of the remaining land that Y will procure a deed of covenant from the disponee (Z) that Z will comply with the positive covenants, is there any requirement to obtain the consent of X to the deed of covenant?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 15/04/2019

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:

  • Where part of a piece of land is sold and the transferor (Y) gives positive covenants in favour of the transferee (X) and also covenants that on any further disposition of all or part of the remaining land that Y will procure a deed of covenant from the disponee (Z) that Z will comply with the positive covenants, is there any requirement to obtain the consent of X to the deed of covenant?

It is often the case that, where part of an existing title is transferred or sold, it will be a condition of that sale that certain covenants are included. Such covenants might include rights of way or the passage of services over the transferred land for the benefit of the retained land. While certain covenants may be implied by operation of section 62 of the Law of Property Act 1925, the rule in Wheeldon v Burrows and/or by necessity, to avoid any risk of a dispute, the appropriate mechanism is a deed of covenant entered into by the relevant grantor. Where covenants are positive (ie requiring the covenantor to do certain acts, rather than requiring that certain acts are not done) for the benefit to continue u

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