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Restrictive Covenants and Freehold Land: A Practitioners Guide
Restrictive Covenants and...

Restrictive Covenants and Freehold Land

A Practitioners Guide


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Release date NZ
June 30th, 2009
Country of Publication
United Kingdom
3rd Revised edition
Jordan Publishing Ltd
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This is 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; and, how to arrange restrictive covenant indemnity policies.

Table of Contents

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

Author Biography

Andrew Francis, Barrister, Serle Court, Lincoln's Inn

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