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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Restrictive Covenants and Freehold Land: A Practitioner's Guide 4th ed isbn 9781846615054

Restrictive Covenants and Freehold Land: A Practitioner's Guide 3rd ed


ISBN13: 9781846611728
New Edition ISBN: 9781846615054
Previous Edition ISBN: 0853089361
Published: August 2009
Publisher: Jordan Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



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 issues that arise in practice both comprehensively and with authority.

The third edition has been fully revised and enlarged within the existing framework. Recent important cases considered include: City Inns v Ten Trinity Square, Graham v Easington District Council, Winter v Traditional & Contemporary Contracts, Shephard v Turner and Field Common v Elmbridge Borough Council.

Changes effected by the Planning Act 2008 to the power to override covenants, and the new regime in the Lands Tribunal under the Courts Tribunals and Enforcement Act 2007 are examined in full.

The book considers all the key issues affecting restrictive covenants, including:

  • How to draft restrictive covenants
  • How to understand the meaning of the words used in them and how to advise on their validity and
  • enforceability, with consideration of declaratory claims
  • How to enforce covenants by injunctions, or by damages
  • How to spot the special rules which apply to statutory authorities when imposing, overriding, or enforcing restrictive covenants
  • How to deal with applications to discharge, or modify covenants in the Lands Tribunal - with summaries of most of the decisions in this jurisdiction within the past three decades and earlier
  • How to arrange restrictive covenant indemnity policies

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: Statutory Material
Lands Tribunal Rules
Practice Directions and Fees Rules
Stewart Title Limited Indemnity Policy
Plan, Precedents, Lands Tribunal Forms and civil Procedure rules