THIS IS HOW I WOULD STRUCTURE IT:
Introduction –
Define covenant; establish who the covenantor and the covenantee is in the problem. If the three covenants set out by H are positive or negative (restrictive covenants) and briefly point out the key problems you will expand on in the scenario.
Main body –
Talk about the general rules of law in covenants:
Enforcement at common law:
Benefit of the covenant can run but the burden cannot. L’S BENEFIT WILL RUN
Contract rights of third parties act 1999 - section 1 enables a person who is not a party to a contract to take the benefit of a contractual term, which purports to confer a benefit on him. As R AND L ARENT ORIGINAL PARTIES TO THE CONTRACT THEY CANNOT BE SUBJECT TO THE COVENANT.
The running of benefit at law smith v snipes farm, P & A swift investments 1989 (EXPLAIN HOW THESE CASES RELATE)
section 79 (1) LPA – The original covenantor being liable for any breaches by successors in title
Enforcement in equity:
Certain negative covenants can run in land… Tulk v Moxhay 4 requirements: the covenant must be negative/restrictive, it must touch and concern the dominant land, covenant must be made with a intent to burden the servient land , covenant must be made to benefit the dominant land retained by the covenantee.
Other ways benefits can run in equity through… for L’s BURDEN TO RUN WAS ANY OF THESE METHODS USED? annexation (attachment of benefit to land), assignment (attaches benefit to person), scheme of development(local laws inside that land made).
- The remedies available for R/ L ,
- damages awarded by court, (SHELFER V CITY OF LONDON (1895) DAMAGES AWARDED TO L FOR BREACHES OF THOSE COVENANTS IF THEY CAN PROVE THE BENEFIT RAN?
- injunctions, (CHATSWORTH ESTATES 1931)
- discharge of covenant s.28 LPA MAYBE R COULD DISCHARGE OF THE COVENANT IF IT DOESN’T SEEM REASONABLE FOR THE PURPOSE.