For covenants what would the process be for determining successors' in title right to benefit?
If the burden can not pass directly at common law (austeberry) then it can only pass by indirect means. These are chain of indemnity and doctrine of benefit and burden.
However, is is necessary to go through chain and doctrine at each question or should you head straight to equity and deal with these after (considering they are indirect means)?
COVENANTS - land law second year Watch
- Thread Starter
- 07-04-2016 19:35
- 12-04-2016 11:12
You seem to be conflating benefit and burden here. Burden can only run in equity. Benefit can run in both.
And it's equity, not common law, which results in indirect means.