Positive covenants

A ‘positive covenant’ is a promise to do something or to spend money. Common examples include a covenant:

1. •

   to build and maintain a fence

2. •

   to contribute to the maintenance of a shared driveway, or

3. •

   to repair a shared roof

Unlike ‘negative’ or ‘restrictive’ covenants, the burden of a positive covenant does not ‘run’ with the land and so the promise cannot be enforced against subsequent owners or occupiers without structuring the transaction as a lease or by using one of the 'conveyancing devices’ (see below) developed for that purpose, see Practice Note: Positive covenants—binding successors in title and Checklists: Positive covenants in transfers—protecting positive obligations—checklist and Due diligence—positive covenants—checklist.