LAND:
FREEHOLD COVENANTS
Introduction:
“a covenant is a promise made by one party (covenantor) for the benefit
of another party (covenantee) which is [usually] contained within a
deed” Mackenzie
Enforceable between original covenantor and original covenantee under contract
law
Dominant land = benefits from the covenant. Owned by the covenantee
Servient land = bears the burden of carrying out the covenant. Owned by
covenantor – landowner who made the promise of the covenant to the original
owner
Types of Freehold Covenants
1. Positive Covenant (to do something)
Obliges the covenantor to do something on his land or to contribute money
towards work or services to be provided for the benefit of his land
Work covenant = ‘put up a fence’
Money covenant = ‘contribute towards construction or maintenance of a private
road’
2. Restrictive Covenant (to not do something)
Restrains the covenantor from the uninhibited use of his property in some respect
e.g. a covenant which prevents the covenantor from using his land for the purpose
of conducting a trade or business
Enforcement
COMMON LAW: ORIGINAL PARTIES
o Burden does not pass: Austerberry v Corporation of Oldham
o Benefit can pass: Smith & Snipes Hall Farm Ltd v River Douglas
Catchment Board
Privity of contract – enforceable between original parties
FREEHOLD COVENANTS
Introduction:
“a covenant is a promise made by one party (covenantor) for the benefit
of another party (covenantee) which is [usually] contained within a
deed” Mackenzie
Enforceable between original covenantor and original covenantee under contract
law
Dominant land = benefits from the covenant. Owned by the covenantee
Servient land = bears the burden of carrying out the covenant. Owned by
covenantor – landowner who made the promise of the covenant to the original
owner
Types of Freehold Covenants
1. Positive Covenant (to do something)
Obliges the covenantor to do something on his land or to contribute money
towards work or services to be provided for the benefit of his land
Work covenant = ‘put up a fence’
Money covenant = ‘contribute towards construction or maintenance of a private
road’
2. Restrictive Covenant (to not do something)
Restrains the covenantor from the uninhibited use of his property in some respect
e.g. a covenant which prevents the covenantor from using his land for the purpose
of conducting a trade or business
Enforcement
COMMON LAW: ORIGINAL PARTIES
o Burden does not pass: Austerberry v Corporation of Oldham
o Benefit can pass: Smith & Snipes Hall Farm Ltd v River Douglas
Catchment Board
Privity of contract – enforceable between original parties
