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The other important kinds of charge that had to be registered are restrictive covenants and equitable easements, [15] a right from the Family Law Act 1996 Part IV, [16] and an "estate contract" (i.e. either a future right to buy a property, or an option to buy). [17]
restrictive covenants in a lease; and certain other minor property rights. In all cases, these interests are protected against a purchaser by other means. According to s. 34, all other interests may be protected by a notice. Examples include: equitable easements; freehold restrictive covenants; equitable leases
Restraint of trade in England and the UK was and is defined as a legal contract between a buyer and a seller of a business, or between an employer and employee, that prevents the seller or employee from engaging in a similar business within a specified geographical area and within a specified period.
A controversial aspect of covenants is that courts only enforce ones which restrict land's use, and thus far have refused to enforce covenants that require positive expenditure. In Rhone v Stephens [187] this meant that a house owner could not be required to repair his roof, which protected a cottage underneath from water. Lord Templeman viewed ...
In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
On the face of it disavowing that covenants can "run with the land" so as to avoid the strict common law's former definition of "running with the land", the case has been explained by the Supreme Court of Canada in 1950 as meaning that "covenants enforceable under the rule of Tulk v Moxhay... are properly conceived as running with the land in ...
In real estate, a restrictive covenant is a rule or condition placed on a property that outlines what homeowners can and cannot do with their land. These covenants are legally binding and often ...
Land Law (restrictive covenants on land are imposed upon subsequent purchasers if the covenant benefits neighbouring land) Agency and the assignment of contractual rights are permitted. Third-party insurance - A third party may claim under an insurance policy made for their benefit, even though that party did not pay the premiums.