W4 - Freehold Covenants

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Which is the correct definition of ‘covenantee’?

The person who enters into the covenant and owns the dominant land

The person who enters into the covenant and owns the servient land

The person who receives the benefit of the covenant and owns the servient land

The person who receives the benefit of the covenant and owns the dominant land (correct)

Which is the key factor about the covenantee?

The covenantee can be sued if the covenant is breached

The covenantee must observe the terms of the covenant

The covenantee can sue if the covenant is breached (correct)

What is a positive covenant?

A covenant which restricts what can be done on the land

A covenant which increases the value of the burdened land

A covenant which obliges the owner of the land to do something

A covenant which decreases the value of the benefitted land (correct)

What is the legal issue in relation to freehold covenants?

Whether the covenant is enforceable by and against successors in title to the original parties Signup and view all the answers

What must the successor in title to the dominant land show in order to enforce the covenant?

That the benefit of the covenant has passed to them Signup and view all the answers

In order for a successor covenantee to enforce a covenant against a successor covenantor, what must the successor covenantee show?

That the benefit of the covenant has passed to the successor covenantee and that the burden of the covenant has passed to the successor covenantor Signup and view all the answers

What is the overall approach to be taken when interpreting covenants as positive, negative or mixed?

Look at underlying substance of the covenant rather than the precise words used. Signup and view all the answers

Which case sets out the test for the ‘hand in pocket’ test?

Haywood v Brunswick Signup and view all the answers

Which one of the following is a positive covenant?

A covenant not to allow a fence to fall into disrepair Signup and view all the answers

Which one of the following is a restrictive covenant?

A covenant to use the land for residential purposes only Signup and view all the answers

Which approach is correct in interpreting a covenant not to build any extension to a house without the consent of the dominant owner?

This is a mixed covenant which is predominantly negative with a positive condition attached Signup and view all the answers

What is the general rule on the burden of covenants at common law?

The burden of a covenant does not pass at common law Signup and view all the answers

The second element of the rule in Tulk v Moxhay is that the covenant must ‘accommodate the dominant tenement’. This has three elements. Which of the following is not an element of this test?

There must be an intention for the benefit to pass Signup and view all the answers

In the absence of express intention for the burden of a covenant to pass to the successor covenantor, which statutory provision implies such intention?

LPA 1925, s 79 Signup and view all the answers

The successor covenantor must have notice of the covenant. In registered land and unregistered land, what is the effect if the covenant has not been protected in accordance with the relevant rule?

A purchaser for value will not be bound by the covenant but a donee would be Signup and view all the answers

Which one of the following statements is the best definition of annexation?

The benefit of the covenant forms part and parcel of the dominant land from the time of creation and automatically passes to a new owner of the dominant land when the land is transferred Signup and view all the answers

Which statutory provision automatically annexes the benefit of a covenant to the dominant land?

LPA 1925, s78 Signup and view all the answers

Where the benefit of a covenant is expressly assigned, which formalities must be complied with?

The assignment must be in writing and signed by the person disposing of the benefit, LPA 1925, s53(1)(c). Signup and view all the answers

Which statement best describes the test for the passing of the benefit of a covenant under a building scheme?

The benefit of a restrictive covenant will pass if the parties intended to create a scheme of mutually enforceable obligations Signup and view all the answers

Which is the correct authority for the proposition that at common law, the burden of a freehold covenant cannot pass to a new owner?

Austerberry v Oldham Corporation Signup and view all the answers

To what type of covenants does the general common law rule on passing the burden apply?

All covenants of whatever type Signup and view all the answers

What remedy can be sought against the original covenantor?

Damages only Signup and view all the answers

Which is the most accurate statements on the effect of LPA 1925, s79?

The section implies wording into freehold covenants to make the original covenantor liable for all breaches of covenant by any successor in title. Signup and view all the answers

Which statement most accurately describes the effect of an indemnity covenant?

It enables the original covenantor to recover any damages paid out in respect of a successor’s breach. The damages can only be recovered from the original covenantor’s immediate successor in title. Signup and view all the answers

What is the authority for the exception to the general rule that the burden of a freehold covenant does not pass at common law?

Halsall v Brizell Signup and view all the answers

Which of these statements is the most accurate in describing how Rhone v Stephens refined the rule in Halsall v Brizell?

There must be a close link between the benefit in the nature of an easement and the burden of the covenant. Signup and view all the answers

To which of these covenants would the doctrine of mutual benefit and burden apply so that the burden of the covenant could pass at common law?

A covenant to contribute towards the costs of the maintenance of a tennis courts, which the the servient land owner has a right to use and chooses to use Signup and view all the answers

Which are the correct formalities for expressly assigning the benefit of a covenant at common law?

In writing, with notice given to the covenantor: LPA 1925, s 136. Signup and view all the answers

Which authority sets out the requirements for implied assignment of the benefit of a covenant at common law?

P&A Swift Investments v Combined English Stores plc Signup and view all the answers

Which of the following covenants demonstrates express intention that the benefit should pass?

The buyer covenants with the intention of benefiting land know of 31 Yew Tree Close to only use the land for residential purposes Signup and view all the answers

A sells part of its land to B. B enters into the following covenant with A in the transfer deed:

B covenants with A to wash A's car every week

Which of the following reasons best explains why the covenant will not pass to a successor in title to A?

The covenant does not touch and concern the dominant land Signup and view all the answers

Which judicial body determines applications to discharge or modify covenants?

The Upper Tribunal (Lands Chamber) Signup and view all the answers

Which statutory provision gives the tribunal the jurisdiction to discharge or modify covenants?

LPA 1925, s 84(1) Signup and view all the answers

What type of covenants can be discharged or modified by the tribunal under LPA 1925, s84?

Restrictive covenants only Signup and view all the answers

Which these is not a statutory ground for discharging or modifying a covenant?

The original dominant owner has sold the dominant land and cannot be located in order to execute a formal discharge Signup and view all the answers