Mutual Benefit and Burden: [ case ]This rule is a very narrow exception to the general rule that the burden of a covenant cannot pass to a successor in title at common law. It only applies where the dominant owner grants to the servient owner a benefit in the nature of a service or facility (maybe a right to use a drain across the land or a right of way over a driveway). The rule states that where a deed grants a benefit, but also imposes a connected burden (for example, a corresponding obligation to contribute to the cost of maintaining the drain or road), the servient owner cannot take the benefit and ignore the burden, even if they are not an original party to the deed.
Answer
Halsall v Brizell
Tags
#estates #freehold-covenant #land #law
Question
Mutual Benefit and Burden: [ case ]This rule is a very narrow exception to the general rule that the burden of a covenant cannot pass to a successor in title at common law. It only applies where the dominant owner grants to the servient owner a benefit in the nature of a service or facility (maybe a right to use a drain across the land or a right of way over a driveway). The rule states that where a deed grants a benefit, but also imposes a connected burden (for example, a corresponding obligation to contribute to the cost of maintaining the drain or road), the servient owner cannot take the benefit and ignore the burden, even if they are not an original party to the deed.
Answer
?
Tags
#estates #freehold-covenant #land #law
Question
Mutual Benefit and Burden: [ case ]This rule is a very narrow exception to the general rule that the burden of a covenant cannot pass to a successor in title at common law. It only applies where the dominant owner grants to the servient owner a benefit in the nature of a service or facility (maybe a right to use a drain across the land or a right of way over a driveway). The rule states that where a deed grants a benefit, but also imposes a connected burden (for example, a corresponding obligation to contribute to the cost of maintaining the drain or road), the servient owner cannot take the benefit and ignore the burden, even if they are not an original party to the deed.
Answer
Halsall v Brizell
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Open it Mutual Benefit and Burden: Halsall v Brizell This rule is a very narrow exception to the general rule that the burden of a covenant cannot pass to a successor in title at common law. It only applies where the dominant
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