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Is this a positive covenant?
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Livvsy
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#1
Re freehold covenants
Is the promise to "keep the external decoration of the building in good appearance" a positive covenant?
I am confused as it is possible to keep the external decoration up without having to spend money, and so I would appreciate clarification over whether it is negative or positive in official terms.
thanks!
Is the promise to "keep the external decoration of the building in good appearance" a positive covenant?
I am confused as it is possible to keep the external decoration up without having to spend money, and so I would appreciate clarification over whether it is negative or positive in official terms.
thanks!
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ysgytlaeth
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Positive covenants are obligations to do something, e.g. contribute to maintaining a boundary wall. Restrictive covenants are rules preventing certain things from being done on the land. Your example does not prevent you from doing anything on the land, so it's a positive covenant because the landowner is obliged to keep the building in good repair. Bear in mind that positive covenants can be worded negatively too - e.g. "not to allow the building to fall into disrepair" - this is still a positive covenant.
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Bitesizelaw
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#3
If you have to expend money in order to comply with the covenant; it is positive.
(Original post by ysgytlaeth)
Positive covenants are obligations to do something, e.g. contribute to maintaining a boundary wall. Restrictive covenants are rules preventing certain things from being done on the land. Your example does not prevent you from doing anything on the land, so it's a positive covenant because the landowner is obliged to keep the building in good repair. Bear in mind that positive covenants can be worded negatively too - e.g. "not to allow the building to fall into disrepair" - this is still a positive covenant.
Positive covenants are obligations to do something, e.g. contribute to maintaining a boundary wall. Restrictive covenants are rules preventing certain things from being done on the land. Your example does not prevent you from doing anything on the land, so it's a positive covenant because the landowner is obliged to keep the building in good repair. Bear in mind that positive covenants can be worded negatively too - e.g. "not to allow the building to fall into disrepair" - this is still a positive covenant.
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