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  1. parissmith.co.uk › blog › restrictive-covenantsRestrictive Covenants – Whose Consent is Needed? - Paris Smith

    Nov 3, 2022 · Restrictive covenants will only bind owners beyond the original contracting party where the covenant is negative and (in recent years) protected by registration with the Land Registry.

  2. www.landmarkchambers.co.uk › wp-content › uploadsRESTRICTIVE COVENANTS ON FREEHOLD LAND: A RECAP AND ...

    SECTION 78 LPA 25. WILL NOT APPLY IF: CONTRARY INTENTION APPEARS FROM DEED (IE COV IS PURELY PERSONAL) OR. LAND TO BE BENEFITTED CANNOT CLEARLY BE ASCERTAINED FROM DEED OR ADMISSIBLE EXTRINSIC EVIDENCE. BURDEN OF COVENANT AT LAW. BURDEN OF A COVENANT CAN NEVER RUN AT LAW. RUNNING OF BURDEN IN EQUITY:TULK V MOXHAY. FOUR CONDITIONS.

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  3. www.charlesrussellspeechlys.com › en › insightsCan a restrictive covenant become obsolete? - CRS

    May 11, 2021 · The Upper Tribunal (Lands Chamber) has affirmed in Savage v 60 Kent Road (Maintenance) Ltd [2021] UKUT 102 (LC), [2021] All ER (D) 84 (Apr) that restrictive covenants affecting a burdened title can become obsolete when the original beneficiaries no longer exist.

  4. www.charlesrussellspeechlys.com › en › insightsRestrictive covenants – who has the benefit? - CRS

    Sep 7, 2023 · Hennings & Anor [2022] and set out our top ten tips for ensuring the enforceability of a restrictive covenant or how to argue that a covenant is not enforceable. Below, we look in greater detail at the circumstances in which a covenant will be enforceable.

    • Georgina Muskett

  5. www.harrison-drury.com › news-and-insightsChallenging and enforcing restrictive covenants - Harrison Drury

    Apr 23, 2015 · A restrictive covenant will generally be enforceable between the original contracting parties as a matter of contract. There can be situations where this is not so, for example, where: The covenant is too uncertain or ambiguous to be capable of enforcement

  6. www.lexology.com › library › detailCan a restrictive covenant become obsolete? - Lexology

    May 11, 2021 · United Kingdom May 11 2021. The Upper Tribunal (Lands Chamber) has affirmed in Savage v 60 Kent Road (Maintenance) Ltd [2021] UKUT 102 (LC), [2021] All ER (D) 84 (Apr) that restrictive covenants...

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  8. commonslibrary.parliament.uk › research-briefingsLand law: frequently asked questions (England & Wales)

    Sep 14, 2021 · This Commons briefing paper gives an overview of some commonly raised issues about land law, including: how to trace ownership of registered and unregistered land; how to resolve boundary disputes; how to enforce or discharge a restrictive covenant on freehold land; and. private rights of way.

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