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Restrictive convenant
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Liv593
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HiI have a question about restrictive covenant.I'm first year so this will be easy for some,I've read online sections however just want it simplified.Jaspreet creates a Restrictive Convenant that the land he sells can only be used for residential purposes.Jaspreet sells the land to Monica.She then decides to sell the house to Givani.Question is Can the benefit pass if Jaspreet sells the land? Suppose: Jaspreet sells the land to Givani after she has made the covenant with Monica/ Can Givani bring an action against Monica is she breaks the covenant? Should Givani be able to do thisExpress Annexation under S78(1) of the Law of Property Act 1925 that the covenant is presumed to have been intended to run with the land. Can anyone advise simply as I have information however confused.
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Lawschoolhack
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Yes - the benefit can pass to Jaspreet if J sells the dominant land.
Then I get confused. I'm assuming that G is buying (or has bought) the servient land from M.
If J sells the dominant land to G (who is now also the owner of the servient land ); the covenant comes to an end.
However, I suspect that this is not what you mean. Can you make the facts a little clearer?
~
Then I get confused. I'm assuming that G is buying (or has bought) the servient land from M.
If J sells the dominant land to G (who is now also the owner of the servient land ); the covenant comes to an end.
However, I suspect that this is not what you mean. Can you make the facts a little clearer?
~
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Lawschoolhack
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