LAW 1070 · Land Law · Freehold Covenants

Led by F.W. Maitland Simulacrum

About this course

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.

Your host is the F.W. Maitland Simulacrum.

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