The Covenant Must be Negative This is a matter of substance not form. It is the effect of the covenant, rather than its wording, which determines whether it is negative or positive. Sometimes a covenant may be worded in terms where it is not clear whether it is positive or negative, such as a covenant ‘to use only as a private dwellinghouse’. The first question to ask is whether the covenant can be complied with by doing nothing. If the answer is ‘yes’, then the covenant is negative. Another test often used is to ask whether performance involves the expenditure of money: [ case ]. (This could also include any actions required to effect performance, on the basis that ‘time is money’). If so, it is positive.
Answer
Haywood v Brunswick Permanent Benefit Building Society (1881) 8 QBD 403
Tags
#estates #freehold-covenant #land #law
Question
The Covenant Must be Negative This is a matter of substance not form. It is the effect of the covenant, rather than its wording, which determines whether it is negative or positive. Sometimes a covenant may be worded in terms where it is not clear whether it is positive or negative, such as a covenant ‘to use only as a private dwellinghouse’. The first question to ask is whether the covenant can be complied with by doing nothing. If the answer is ‘yes’, then the covenant is negative. Another test often used is to ask whether performance involves the expenditure of money: [ case ]. (This could also include any actions required to effect performance, on the basis that ‘time is money’). If so, it is positive.
Answer
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Tags
#estates #freehold-covenant #land #law
Question
The Covenant Must be Negative This is a matter of substance not form. It is the effect of the covenant, rather than its wording, which determines whether it is negative or positive. Sometimes a covenant may be worded in terms where it is not clear whether it is positive or negative, such as a covenant ‘to use only as a private dwellinghouse’. The first question to ask is whether the covenant can be complied with by doing nothing. If the answer is ‘yes’, then the covenant is negative. Another test often used is to ask whether performance involves the expenditure of money: [ case ]. (This could also include any actions required to effect performance, on the basis that ‘time is money’). If so, it is positive.
Answer
Haywood v Brunswick Permanent Benefit Building Society (1881) 8 QBD 403
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Parent (intermediate) annotation
Open it e first question to ask is whether the covenant can be complied with by doing nothing. If the answer is ‘yes’, then the covenant is negative. Another test often used is to ask whether performance involves the expenditure of money: <span>Haywood v Brunswick Permanent Benefit Building Society (1881) 8 QBD 403. (This could also include any actions required to effect performance, on the basis that ‘time is money’). If so, it is positive.<span><body><html>
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