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Covenants are enforceable, generally, through injunctions, but may also (if an injunction would be oppressive) enforceable through a payment of damages reflecting the loss of the right. For instance in Wrotham Park Estate Co Ltd v Parkside Homes Ltd [ 189 ] a developer who built homes in breach of a restrictive covenant was ordered by Brightman ...
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 ...
The act had various consequences – as well as allowing third parties to enforce terms it also made a number of exceptions to the basic rule unnecessary, such as claiming on behalf of another party as seen in Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468. [55]
A landlord was in breach of its obligations to enforce tenant covenants where the landlord had granted a licence to a tenant to undertake structural works as the granting of such a licence had put the landlord out of its power to enforce an absolute covenant preventing structural works. [19] R v Adams (Northern Ireland) [2020] UKSC 19: 13 May
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).
Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 (/ ˈ r uː t ə m /) is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed that a covenant is legally enforceable and refused, as unconscionable, to issue an order for specific performance or an ...
Although deeds and mortgages today don’t contain racially discriminatory clauses, a historical search of a property’s chain of title may uncover restrictive covenants recorded from the 1920s ...
Attempts have been made to evade the doctrine by implying trusts (with varying success), constructing the Law of Property Act 1925 s. 56(1) to read the words "other property" as including contractual rights, and applying the concept of restrictive covenants to property other than real property (without success).