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Essay / Research Paper Abstract
This 5 page paper considers the application of covenants and easement is a case supplied by the student looking at what covenants may be used for and when they can be enforced and the use of easements where there is no written agreement. The bibliography sites 6 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEcovenant1.rtf
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Unformatted sample text from the term paper:
Adam is planning on splitting his property and selling off a part of tit, then it is possible for him to put covenants on the property he sells.
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. Therefore Adam is able to restrict the use of the land to domestic and also stipulate there should only be one
property on the land as well as the other aspects such as ensuring he has right of access across a single pathway, shares the drive and will not loos his
view over the valley. He can also put then clause in the deeds regarding the standard of maintenance. The key will be how enforceable these will be.
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, 1998). In general terms it is not the usual scenario that a covenant was 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
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