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Land Law Problem Question- Freehold Covenants...

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    Elvis was the registered proprietor of The Beeches, a freehold property. In 2000 he sold a plot to Roberta. In her transfer, Roberta covenanted as follows:

    a) Not to erect more than one private residential dwelling house on the land.

    b) To pay one half of the cost of maintaining the joint sewer that would be
    shared between The Beeches and the properties belonging to Andy
    and Roberta

    c) To pay half of the cost of any maintenance needed to the landscaped area that would lie between the three properties.

    Since then, Elvis has sold another plot to Andy (who covenanted in similar terms to those made by Roberta) and then sold The Beeches to Freda. Roberta has sold on her property to Safia. Now, Safia is refusing to pay towards the cost of maintaining the sewer and the landscaped area. Also, in addition to her existing house within her boundaries, Safia began building a new bungalow several months ago, which is now largely completed despite Freda objecting to the bungalow when it was originally proposed by Safia a year ago.

    Advise Freda and Andy who now wish to take action to enforce the covenants.

    Answers please if possible peoples; much appreciated.


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Updated: May 5, 2010
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