Covenants

Question 1

what is a covenant

Answer 1

a rule, agreement, or a promise made by a landowner to do, or not to do, something in relation to their land

Question 2

covenants over land can be used to create

Answer 2

rights enforceable by one landowner even in the absence of both privity of contract and estate between those parties

Question 3

positive covenant

Answer 3

requires covenantor to do something

Question 4

negative / restrictive covenant

Answer 4

prevents certain uses of land

Question 5

Tulk Ratio

Answer 5

restrictive covenants pass on to the next owner if you have notice

Question 6

four requirements for a covenant

Answer 6

1. The covenant must be negative/restrictive (doing absolutely nothing)
2. Burden must have been intended to run with the servient land, and the land must be sufficiently described in the covenant
   ○ Equity will not impose an obligation on a new owner if the original did not intend to do so
3. The covenant must be for the benefit of the dominant lands, and must be sufficiently identified in the document— to ensure that the covenant is not a personal promise, and that two properties are involved
4. Equity must otherwise be prepared to enforce the covenant

Question 7

three ways to transmit a benefit of a covenant

Answer 7

annexation, assignment, building schemes

Question 8

what is a covenant annexation

Answer 8

the benefit of a covenant can be annexed to run automatically with the land

Question 9

three requirements for covenant annexation

Answer 9

(1) the benefit must touch and concern the dominant land;
(2) it must have been intended that the benefit run;
(3) the transferee must acquire the entire interest of the original holder of the benefit.

Question 10

covenant assignment

Answer 10

expressly assignment is only required when annexation has not occurred

Question 11

covenant by building schemes transmission

Answer 11

the case of widespread imposition of covenants upon multiple lot owners in a commercial complex or residential development.