Land law - Freehold Covenants.
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Land law Freehold Covenants Question 29. Max. Arthur and Universal holdings are the original covenantee and covenantor respectively of the two covenants to: a. not undertake a development of a greater density than 5 dwellings units x unit; and b. maintain road access at expense of Universal holdings. It is clear that Arthur sold the land to Universal Ltd subject to these covenants, however to ensure that Max, as owner of one of the mansions can enforce either of these covenants we must first look at whether the burden of it passed to Breezeblock plc in the conveyance of 2003 and secondly, whether the benefit of the covenant has passed to him. The passing of the burden. The first point to note is the nature of the covenants: the first of these covenants is restrictive and will be dealt within detail below. The second covenant is positive and it is not possible for the...

