There are four key distinctions to consider when attempting to determine whether a covenant is binding on a new owner of land: However, as we know, land is bought and sold frequently, this raises questions as to whether the new owners of the land are bound by the promises made by the previous owners. This area of law would appear to be fairly simple and uncomplicated.
A basic way of understanding a covenant is that it is a contract between landowners to do or not to do something on the land. A restrictive covenant prohibits the owner of land from doing something, for example, not being able to keep certain animals on the land. Freehold covenants refer to an obligation on an owner of the land to do something, or take some ‘positive’ action, for example, having to make sure the grass on the front garden is kept short. With leasehold covenants, a covenant regulates the use of land in some way. Share this: Facebook Twitter Reddit LinkedIn WhatsApp
