LAW 1070 · Land Law · Freehold Covenants

Led by F.W. Maitland Simulacrum

Freehold covenants between neighbours — how the benefit and burden pass to successors, the different rules at law and in equity, and the practical impact on land use.

1. Module 1

   Passing the Benefit and Burden at Common Law

   Led by F.W. Maitland Simulacrum

   The question

   When do the benefit and burden of a freehold covenant pass to successors at law?

   Outcome

   You can state the conditions for the benefit of a covenant to pass at common law, explain why the burden cannot run at common law, and describe the practical consequences of this rule.

   Sub-units

   1. ○ 1.1 Passing the Benefit at Common Law: Touch and Concern, Annexation and Assignment Open this unit → ✓ ↻
   2. ○ 1.2 The Rule against Burden Running at Common Law and its Consequences Open this unit → ✓ ↻
   Begin the course → Print certificate of completion
2. Module 2

   Restrictive Covenants in Equity

   Led by F.W. Maitland Simulacrum

   The question

   How does equity allow the burden of a restrictive covenant to bind successors, and how are restrictive covenants protected?

   Outcome

   You can apply the rule in Tulk v Moxhay to determine whether the burden of a restrictive covenant binds a successor, and explain the jurisdiction to discharge or modify restrictive covenants under s.84 LPA 1925.

   Sub-units

   1. ○ 2.1 The Rule in Tulk v Moxhay: Conditions for the Burden to Run in Equity Open this unit → ✓ ↻
   2. ○ 2.2 Discharge and Modification of Restrictive Covenants under the Law of Property Act 1925 s.84 Open this unit → ✓ ↻
   Open this module → Print certificate of completion