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The covenant must benefit the covenantee's land; The covenant must be intended to run with the covenantor's land. The leading case on restrictive covenants in equity is generally regarded as that of Tulk v Moxhay, in which it was determined that the burden could run in equity subject to the qualifications listed above.
Tulk v Moxhay is a landmark English land law case which decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity.
A prior, a tenant in fee simple, covenanted with the Lord of the Manor that he and his convent would sing for mass each week in the manor chapel. The plaintiff was the covenantee's successor, a tenant in tail.
Covenanter political leader, the Marquess of Argyll. Supervised by Archibald Johnston and Alexander Henderson, in February 1638 representatives from all sections of Scottish society agreed to a National Covenant, pledging resistance to liturgical "innovations".
Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500 is an English land law and English contract law appeal decision. The case, decided by Denning LJ, confirmed positive covenants can supplant privity of contract in contracts to improve land and secondly a covenant should be implied where the contract shows an intention that the obligation would attach to the land.
The Mosaic covenant refers to a biblical covenant between God and the biblical Israelites. [4] [5] The establishment and stipulations of the Mosaic covenant are recorded in the first five books of the Hebrew Bible, which are traditionally attributed to Mosaic authorship and collectively called the Torah, and this covenant is sometimes also referred to as the Law of Moses or Mosaic Law or the ...
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. [1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements.
A positive covenant is a kind of agreement relating to land, where the covenant requires positive expenditure by the person bound, in order to fulfil its terms. Unlike a restrictive covenant, a covenant to perform a positive act does not "run with the land" and therefore does not bind the covenantor’s successors in title.