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Vol 21 No 10 Oct/Nov 2016

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Restrictive Covenants and Freehold Land: A Practitioner's Guide 4th ed


ISBN13: 9781846615054
Previous Edition ISBN: 9781846611728
Published: March 2013
Publisher: Jordan Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00 - Reprinting



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 new edition considers all the key areas of law and practice affecting restrictive covenants. This new edition has been completely revised and updated with more detailed treatment of major issues affecting restrictive covenants, including:-

  • Consideration of recent legislation affecting restrictive covenants and Public Bodies including the Localism Act 2011;
  • Full references to recent case law on injunctions as the primary remedy for breach of covenant and developments in release fee/”Wrotham Park” damages;
  • New Upper Tribunal (Lands Chamber) (UTLC) Rules and Practice Directions with reference to and summaries of all recent cases in the UTLC and in the Court of Appeal in applications under s 84(1) Law of Property Act 1925; and
  • Extensive appendices with statutory and other material and precedents, all of which are available on the accompanying free CD-ROM

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