ENFORCEABILITY OF POSITIVE COVENANTS IN FREEHOLD LAND  (INCLUDING ESTATE RENTCHARGES)

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The fact that positive as opposed to restrictive covenants are not recognised as property rights and therefore do not automatically bind third party purchasers presents one of the greatest problems in property law.  The case looks at some of the issues and possible solutions.

Topics covered will include:

• Why positive covenants are of increasing importance
• Problem with flying freeholds
• Direct covenants
• Estate rentcharges
• Problems with estate rentcharges
• Other methods of enforcement

Richard Snape, Consultant, Davitt Jones Bould