When one landowner promises another something about their land — not to build, to keep a fence repaired, to use it only as a home — that promise is a freehold covenant. The hard part comes later: when either piece of land is sold, can the new owner still enforce the promise, and is the new owner still bound by it? Solicitors deal with this constantly when acting on the sale and purchase of land, advising developers, and reporting to buyers on what restricts the property they are buying.
This lesson takes you through the topic in a logical order, building from the basics to the practical workarounds.
- Nature and Types of Freehold Covenants — what a covenant is, who the parties are, and the crucial split between positive and restrictive covenants.
- Enforcement Between Original Parties and the Core Rule — why the original parties are always bound, and when the burden can pass to a successor.
- Passing the Benefit — how the right to enforce a covenant transfers at common law and in equity.
- Building Schemes and Passing the Burden — reciprocal enforcement across a development and the five conditions for the burden to run.
- Protection, Remedies and Defences — registering covenants, the remedies available, and the defences a successor can raise.
- Discharge and Working Around the Positive Burden Rule — removing covenants and the practical devices that make positive obligations stick.