Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land ([ statute ]). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered title.
Answer
LPA 1925, s 1(3)
Tags
#estates #freehold-covenant #land #law
Question
Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land ([ statute ]). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered title.
Answer
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Tags
#estates #freehold-covenant #land #law
Question
Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land ([ statute ]). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered title.
Answer
LPA 1925, s 1(3)
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Open it ts are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land (<span>LPA 1925, s 1(3)). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered
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