Here is the synopsis of our sample research paper on Covenants; Australian Law. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 3 page paper looks at the use of covenants in Australia. The paper considers the case applied by the student where a landowner wants to sell to plots of land and restrict future use of the land to single storey developments only. The paper discusses the use of covenants to achieve this, whether or not they can be enforced on successor landholders and any problems that may arise. The bibliography cites 3 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEcovview.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
retain the back plot for himself. When selling the plots he wants to make sure that he retains his view which means restricting the developments that are allowed to only
single storey developments. The best way to achieve this is with the inclusion of a covenant which restricts any development on the land sold to single storey only.
A covenant is defied as "A clause of an agreement contained in a deed whereby a party stipulates for the truth of certain facts, or
binds himself to give something to another, or not to do any act" (Ivamy, 2000; 69). In land law the terms may be more accurately applied to the binding to
do or not to do an act. The first aspect we need to consider is that a valid covenant is enforceable
in law just as a term in a contract would be enforceable, even without the alternate needs a contract would require (Grevells, 2000). In general terms it is not the
usual scenario that a covenant is put in place to bind or benefit a single party, but more usually the successive owners or users of the land. However, some instances
may be seen as singular in the benefit they bestow. In the case of Osborne v. Bradley [1903] 2 Ch 446, there were three categories of covenant identified by
Farwell LJ; The first is where the covenant is entered into simply for the benefit of the vendor, and the vendor only (Mackenzie, 1999). The second type of convent is
where it is intended for the benefit, this time the benefit is not personal, but granted in the capacity they have as the land owner of a particular property (Mackenzie,
...