Critical Evaluation Exam Qustion on Freehold Covenants

In their book “Land Law”, John Stevens & Robert Pearce, say: “…the law relating to the enforceability of covenants affecting freehold land is extremely complex…There is an uncomfortable overlap between the law of property and the law of contract. This is further complicated by distinctions developed by the historic separation between equity and the common law.”

 Describe the current system of law relating to the enforceability of freehold covenants. Discuss whether you agree with the above statement. (more…)

Overriding Interests

Overriding Interests are rights that a 3rd party has over land but do not have to be registered to be enforceable on the purchaser of the property. They are found in Schedule 1 and 3 of the LRA 2002. Schedule 1 focuses on the overriding interest of a property going through first registration, and schedule 3 contain the only 3 remaining overriding interests binding on all property. Only schedule 3 is covered on my course therefore I will be focusing on that. (more…)

Registerable Interests

There are two types of registerable Interests – Registerable Dispositions (Section 27 LRA 2002) and Interests Affecting a Registered Estate. They must both be registered before the date of the changing of names on the Register to be binding. (more…)

Co-Ownership

Co-Ownership refers to when more than one party owns a specific property. This will mean a trust is created, and therefore governed by the Trusts of Land and Trustee Act, which was heavily discussed in the post on Trust of land. (more…)

Trusts of Land

A Trust is a relationship where one party (The Trustees) hold land on behalf of another party (The Beneficiaries). So far, we have looked at Registerable Dispositions, Interests Affecting a Registered Estate, and Overriding Interests. A trust is a 4th way in which in interest can be held over a property, and is very different to the other 2 methods. (more…)

Freehold Covenants

Freehold covenants are Equitable- S1.3 LPA (all other interests that are not freehold, leaseholds, easements or mortgages will be equitable). A covenant is a promise, usually made by way of deed, but not always necessary, between neighbors resulting in something they must or may not do on their land. (more…)

Easements

An Easement is a Legal Interest in Land- S1.2 LPA. They can also be created in Equity- s1.3LPA, and is defined as a right over one piece of land (servient land) for the benefit of another piece of land (dominant land). (more…)