Results are out! Find what you need...fast. Get quick advice or join the chat
Hey there Sign in to join this conversationNew here? Join for free

land law - freehold covenants QUESTION

Announcements Posted on
One quick question - from of our list, who would you most like to see on TSR doing a Q&A? 23-09-2014
    • Thread Starter
    • 0 followers
    Offline

    ReputationRep:
    How do you know whether you need to be looking at equity or at law?
    Im so confused. My seminarist said if the covenant is positive you look at law, and if its restristictive you look at equity. But i dont understand. Is this right? Why?
    • 19 followers
    Offline

    ReputationRep:
    It's been a while since you posted and no one else’s replied yet, so you might want to check out MarkedbyTeachers.com, TSR's sister site. It’s the largest essay help site in the UK.

    They've got a library of 150,000+ essays, projects, assignments, coursework etc.. written by GCSE, A Level and Uni students. You get access either by publishing some of your own work, or paying £4.99 for a month's access. Both ways give you unlimited access to all of the essays.

    They submit all the documents to Turnitin anti-plagiarism software, so the work can't be misused, and the site’s used by hundreds of thousands of UK teachers and students.

    Hope you find it useful
    • 0 followers
    Offline

    ReputationRep:
    at common law, the burden will not run unless it falls under the halsall v. brizell rule of 'benefit and burden', as it upsets the doctrine of privity.
    if you can show that the benefit and burden exception applies, you can use the benefit at common law too.

    however, most of the time that won't apply, so you move to equity. Your tutor is right in saying that equity on allows negative covenants (the rules regarding the burden of covenants at equity are set out in tulk v. moxhay). The covenant is labelled as negative by looking at it's substance not it's form.
    the generic test is if the covenant requires the covenantor to use money to carry it out, it is positive.
    if no money is needed, it's negative.
    • Thread Starter
    • 0 followers
    Offline

    ReputationRep:
    thanks

Reply

Submit reply

Register

Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. By joining you agree to our Ts and Cs, privacy policy and site rules

  2. Slide to join now Processing…

Updated: April 18, 2009
New on TSR

TSR Freshers' blogs 2014

Read what TSR's freshers have to say as they head off to uni

Article updates
Reputation gems:
You get these gems as you gain rep from other members for making good contributions and giving helpful advice.