Restrictive covenants

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Restrictive covenants content

Practice notes
Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...
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18th Aug
Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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18th Aug
Q&As
Is there a limitation period that applies for enforcing a breach of covenant. If so, what is the period?It is common for interests in land to be...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Q&As
Do you have any information on the implications of building over a building line?A 'building line' is a prescribed frontage line for building in front...
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10th Aug
Q&As
A covenant was imposed over freehold land in 1937, preventing alterations without the approval of the vendors. The vendors are likely to be dead....
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10th Aug
Q&As
Is a restrictive covenant binding on a subsequent owner although not repeated in a subsequent transfer? Can a restrictive covenant benefit land four...
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10th Aug
Q&As
Does a freehold restrictive covenant bind the tenant in occupation of the burdened land?While a contractual promise usually binds only the original...
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10th Aug
Practice notes
Restrictive covenants in favour of the National TrustThe National Trust’s powers to enforce restrictive covenantsIn addition to the National Trust’s...
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10th Aug
Practice notes
Interpreting covenants—whose consent is required?Restrictive covenants are frequently imposed when land is divided so that future development requires...
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10th Aug
Practice notes
Enforceability of restrictive covenants—court declarationFor freehold and long leasehold land it is possible for any person interested to apply to the...
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10th Aug
Practice notes
Restrictive covenants—nature and characteristicsCovenants restricting the use of land imposed by a seller may be divided into three classes:•covenants...
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9th Aug
Practice notes
Modification and release—interaction with planningNo presumption of success if planning permission obtained The fact that planning permission has...
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9th Aug

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