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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Restrictive Covenants and Freehold Land: A Practitioner's Guide 5th ed

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ISBN13: 9781784732417
Previous Edition ISBN: 9781846615054
To be Published: November 2017
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback & CD-ROM
Price: £99.00 + £10.19 VAT



This popular work has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land.  In this book a complex topic is made intelligible by easily understood text, complemented by flowcharts and checklists.  This enables the adviser to solve problems quickly and accurately.  The author brings his extensive experience of cases involving covenants to the work, dealing with points that arise in practice both comprehensively and with authority.

The work considers all the key areas of law and practice affecting restrictive covenants. 

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Subjects:
Property Law
Contents:
Introduction
Flowchart and checklists
Identification of covenants which are truly restrictive
Identifying the existence of restrictive covenants which are valid and binding
Making covenants work: is this covenant enforceable?
Enforcement of covenants between the original covenanting parties
Enforcement of covenants by the original covenantee against a successor of the original covenantor: making the burden of the covenant run
Enforcement of covenants against the original covenantor by a successor of the original covenantee: making the benefit of the covenant run
Enforcement of covenants by a successor of the original covenantee against a successor of the original covenantor: making both the benefit and the burden of the covenant run
Restrictive covenants created by public authorities and other bodies
Acquisition of land for public purposes and the effect on restrictive covenants
The power of local and other authorities to override restrictive covenants
Extinguishing restrictive covenants
The construction of restrictive covenants
Litigation and restrictive covenants
Discharge and modification of restrictive covenants under law of property act 1925, section 84(1) by the lands tribunal
Practical drafting and transaction points
Insuring restrictive covenants
Restrictive covenants and commonhold title
The Human Rights Act 1998 and restrictive covenants
Appendices