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To establish whether, at common law, the benefits of the covenants 'run-with' or have 'become attached to' the land there are four conditions that must be satisfied.
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The primary issue to be determined is whether these three obligations are directly enforceable against Kenneth. In order to do this it is necessary to establish whether the benefit and the burden of the covenants have become attached to and run with the land. This is necessary because neither Colin, Kenneth were party to the original agreement of 1988 and are therefore not bound by any contractual obligations that arose. If it can be established that Colin is entitled to the benefit and Kenneth is subject to the burden of the covenants then Colin will have a remedy available for their enforcement. To establish whether, at common law, the benefits of the covenants 'run-with' or have 'become attached to' the land there are four conditions that must be satisfied. Firstly, at the time the covenants were made the covenantee must have had a legal estate1 in the land. It is noted...
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