Property Law Speech on Restrictive Covenants
PROPERTY LAW - COVENANTS. Speech on transferring the burden of a restrictive covenants with reference to the case of Tulk V Moxhay. Got a HD. Covers the basics of what is a covenant and provides an indepth analysis of Tulk v Moxhay.
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LAWS4011: Presentation
How might the burden of a covenant be transferred to a successor in land title Discuss with regards to Tulk v Moxhay (1848) 2 Ph 774.
What is a Covenant A covenant is a legally enforceable promise made with respect to the regulation of land use.1 Usually detailed in deeds or contracts of sale, covenants are distinguished by two categories; positive covenants and restrictive covenants. Positive covenants require the covenator (individual who carries the burden of the covenant) to commit a positive act.2 An example of positive covenant can be found in the case of Rhone v Stephens3 where the obligation to maintain the roof of an attached, but separately owned property was imposed upon the owner of the main house. In contrast, restrictive covenants imply a constraint upon the covenator whereby they are obligated not to commit a certain act.4 The case of London Coun...
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