![]() ![]() Because of this position, methods were sought to make successors effectively liable on covenants. the obligations) of freehold covenants are not placed on successors of the original covenantor. The general principle is that the burden (i.e. The original lessee is released on completion of a valid assignment. ![]() They are enforced by the landlord and tenant for the time being of land. Leasehold covenants may contain both negative and positive obligations. ![]() Since 1860, they have automatically bound successors to the original parties as landlord and tenant. Generally, the original covenantee who has parted with the property may not enforce a covenant which is for the benefit of land and is not for his benefit in the personal capacity.Ĭovenants are fully enforceable between landlord and tenant where they relate to the land. Purely personal covenants are not enforceable in this way. Under both the pre-2009 and post-2009 legislation, a third party may take the benefit of a covenant in relation to land, whether or not named in the relevant deed. There are some issues of interpretation as to its scope. The 2009 legislation applies to covenants entered after 1st December 2009. The relevant rules were reformed by the 2009 Land Law legislation. However, in the context of property law, certain type of covenants relating to the property/land itself, continue to bind the successors of the original covenantor and covenantee as owners of the relevant property. As a general rule, covenants being contractual obligations do not generally continue to bind the successors to the original parties. In the context of land, they subsist as contractual obligations between the original parties to the deed. Covenants are obligations comprised in a document which is executed as a deed. ![]()
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