Scamell and Gasztowicz on Land Covenants

This book covers the impact of covenants on land, including positive, planning, and restrictive covenants, and the special position of local authorities. It is updated to include recent case law and is divided into four main parts.

Format: Hardback
Length: 1168 pages
Publication date: 31 October 2023
Publisher: Bloomsbury Publishing PLC

This comprehensive book delves into a intricate and expansive domain of law that poses significant challenges for property lawyers. The impact of covenants on land is of paramount significance to landowners, developers, and other stakeholders, affecting the majority of conveyancing transactions and holding immense importance. The body of case law related to this topic is extensive, reflecting the complexity of the subject matter.

The book encompasses a comprehensive examination of both positive and planning covenants, ensuring that it remains up-to-date with the latest developments. It includes a detailed analysis of the landmark Supreme Court case, Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] 1 WLR 4783, as well as other significant Court of Appeal decisions. Furthermore, it addresses the unique position of local authorities in relation to land covenants, providing valuable insights into their role and responsibilities.

The book is structured into four main parts:

Part I – Restrictive Covenants: This section explores the legal principles and implications of restrictive covenants, covering their creation, enforcement, and potential challenges. It provides a thorough understanding of the rights and obligations of parties involved in covenant agreements.

Part II – Positive and Negative Covenants: This part delves into the nature and purpose of positive and negative covenants, examining their role in shaping land use and development. It explores the various types of covenants, including easements, restrictive covenants, and positive covenants, and discusses their legal effects and implications.

Part III – Planning Obligations: This section examines the legal requirements and obligations imposed on landowners, developers, and other stakeholders when engaging in planning activities. It covers the process of applying for planning permission, the terms and conditions of planning agreements, and the enforcement of planning regulations.

Part IV – Reform: This section explores the ongoing debate and efforts to reform the law surrounding land covenants. It discusses the potential benefits and drawbacks of different proposed reforms, such as the introduction of statutory restrictions on restrictive covenants and the development of a unified land covenant regime.

In addition to its comprehensive coverage, the book offers practical insights and guidance for property lawyers and professionals involved in land-related transactions. It includes case studies, examples, and checklists to assist in navigating the complexities of covenant law and ensuring compliance with legal requirements.

This title is an essential resource for property lawyers, students, and anyone seeking to gain a deeper understanding of the law surrounding land covenants. It is part of Bloomsbury Professional's Property and Land Law online service, which provides access to a wide range of legal resources and expertise.

Weight: 1473g
Dimension: 248 x 156 (mm)
ISBN-13: 9781526524447
Edition number: 3 ed