Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers.
A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative.
Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.
Read an extract of Scamell and Gasztowicz on Land Covenants
Table of Contents
CONTENTS Preface Table of Statutes Table of Statutory Instruments Table of Cases Introduction: Covenants generally Part I Restrictive covenants 1. Meaning of 'restrictive covenant' (including general consideration of requirements for transmissibility) 2. The benefit of the restrictive covenant 3. 1: Original covenantees 4. 2: Covenant beneficiaries 5. 3: Subsequent owners and occupiers of land benefited by the restrictive covenant as competent claimants: overview 6. Subsequent owners and occupiers of benefited land where there is annexation 7. Competent claimants express assignment 8. Competent claimants: building schemes 9. The running of the burden of restrictive covenants 10. Restrictive covenants and public law 11. The construction of restrictive covenants 12. Restrictive covenants and competition law 13. Remedies for breach of a restrictive covenant 14. Freeing the title from unenforceable restrictive covenants 15. Extinguishment, discharge and modification of restrictive covenants 16. The modification and discharge of restrictive covenants and agreements by the Upper Tribunal (Lands Chamber) pursuant to section 84(1) of the Law of Property Act 1925 17. The scope of the Upper Tribunal's powers under section 84(1) of the Law of Property Act 1925 18. The four alternative grounds giving rise to the Upper Tribunal's powers 19. The grounds giving rise to the Upper Tribunal's powers: paragraph (a) 20. Section 84(1) of the Law of Property Act 1925: paragraph (aa) 21. Section 84(1) of the Law of Property Act 1925: paragraph (b) 22. Section 84(1) of the Law of Property Act 1925: paragraph (c) 23. The power of the Upper Tribunal to award compensation 24. Procedure on an application to the Upper Tribunal under section 84(1) of the Law of Property Act 1925 Part II Positive covenants and negative covenants which are not restrictive covenants 25. Meaning of 'positive covenants' and of 'negative covenants which are not restrictive covenants' and frequency of use 26. Persons able to claim the benefit of positive covenants: (I) Original covenantees 27. Persons able to claim the benefit of positive covenants: (II) Subsequent owners and occupiers of the benefited land 28. The burden of positive covenants 29. Methods of securing the indirect running of the burden of a positive covenant 30. Remedies for breach of positive covenants 31. Covenants and commonhold Part III Planning obligations relating to land 32. Planning obligations Part IV Reform 33. Reform of the law relating to restrictive covenants: Law Commission proposals Appendices Appendix 1 Section 84 of the Law of Property Act 1925 Appendix 2 Practice Statement Appendix 3 Practice Statement Appendix 4 Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Appendix 5 Practice Directions Appendix 6 Upper Tribunal (Lands Chamber) Forms T379–T382 Appendix 7 Sections 106–106C of the Town and Country Planning Act 1990 Index