Positive Covenants and Freehold Land

Positive covenants are obligations binding the owner of land for the time being, such as keeping a roof or wall in repair or paying instalments of service charge over many years. This book examines the rule of property law that a positive covenant cannot bind successors in title to the original covenantor, and looks at methods to circumvent it. It also examines the issues to be considered on assignment of the benefit of positive covenants, the transfer of land which is subject to the burden of them, and the way that covenants operate in the management of housing and commercial estates. Reform of the law of positive covenants has been in prospect for over 50 years, but there is now the possibility of Government support.

\n Format: Hardback
\n Length: 300 pages
\n Publication date: 29 May 2019
\n Publisher: Wildy, Simmonds and Hill Publishing
\n

Positive covenants are legal obligations that bind the owner of land for a specific period, requiring them to take certain actions or make expenditures. These obligations may include maintaining a roof or wall in repair or paying installments of service charges over an extended period.

The rule of property law known as positive covenants states that successors in title cannot be bound by a positive covenant made by the original covenantor. This book explores the origin, legal reasoning, and historical, social, and political context of this rule. It also examines various methods to circumvent it, such as restrictions on the register of title, estate rent charges, rights of re-entry, the principle of benefit and burden, and the use of long leases as virtual freeholds.

A modern solution designed to overcome the problem is the system of commonhold, which is currently under review by the Law Commission. The law of easements, particularly in relation to fencing, and the law of nuisance can impose positive obligations on landowners. Statutes can also require owners to take specified steps or authorize them to enter into obligations, such as under the Town and Country Planning Act's Section 106.

Separate chapters are dedicated to examining the issues related to the assignment of the benefit of positive covenants, the transfer of land subject to the burden of them, and the way that covenants operate in the management of housing and commercial estates.

Reform of the law of positive covenants has been in prospect for over 50 years, but no significant progress has been made. However, there is now a possibility of government support for this reform. A chapter is included on considerations to be made in drafting covenants, and an examination of the legal framework surrounding positive covenants is also provided.

\n Weight: 526g\n
Dimension: 158 x 236 x 25 (mm)\n
ISBN-13: 9780854902699\n \n