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Advise Simon as to the enforceability of the covenants.

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  • Essay length: 1535 words
  • Submitted: 15/01/2009
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University Degree Land Law

The first 200 words of this essay...

Matthew was the owner of a large parcel of registered land and in 2000 he decided to divide it into 2 plots, Plot A and Plot B. He retained Plot A for himself and sold Plot B to John, who covenanted to (i) use Plot B for residential purposes, and (ii) ensure that the dividing wall remains in good condition.

In 2004, Matthew sold Plot A to Simon. The conveyance to Simon expressly assigned the benefit of all covenants to him. Last year, John sold Plot B to Paul and Paul covenanted to indemnify John for any breaches of covenants. Since then, Paul has neglected the dividing wall claiming that he was not responsible for its upkeep. Simon has just found out that Paul is about to start a business selling car parts in Plot B.

Advise Simon as to the enforceability of the covenants.

The principal concern of this question is with covenants made between freeholders and the circumstances in which successors in title to the original parties can enforce these covenants set out. Firstly we know this is a freehold covenant because we are told in 2000 Matthew divides his registered land into

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