The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it ([...]), but a volunteer will still take the land subject to the covenant.
Answer
LRA 2002, s 29(1)
Tags
#estates #freehold-covenant #land #law
Question
The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it ([...]), but a volunteer will still take the land subject to the covenant.
Answer
?
Tags
#estates #freehold-covenant #land #law
Question
The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it ([...]), but a volunteer will still take the land subject to the covenant.
Answer
LRA 2002, s 29(1)
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Parent (intermediate) annotation
Open it or the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it (<span>LRA 2002, s 29(1)), but a volunteer will still take the land subject to the covenant.<span><body><html>
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