Here is the synopsis of our sample research paper on The Impact of Federated Homes v. Mill Lodge Properties [1980] when Interpreting Section 78 of the Law of Property Act 1925. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 5 page paper critically discusses the following statement “The Court of Appeal in the Federated Homes case should be congratulated for its refreshingly forthright interpretation of section 78 of the Law of Property Act 1925, which has greatly simplified the law relating to freehold covenants”. The bibliography cites 3 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TErescovnt.rtf
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Unformatted sample text from the term paper:
Mill Lodge Properties [1980] 1 All ER 371; 1 WLR 594 has resulted in a major impact in the way the transfer of benefit of restrictive covenants can pass
to successors. It may be argued that this has clarified the law,. But we can also argue subsequent cases have reduced its impact and as such there is some degree
of clarification, there is also an increased level of associated controversy. Prior to this case the benefit of a restrictive covenant
to pass to a successor the covenant needed to be "touching and concerning" the land, in addition to this it also needed to be passed to the successor through one
of the three ways in which a covenant may traditionally be transmitted in equity. These are either by annexation, assignment or by scheme development. These were the ways in which
land law has operated for some time, and under section 78 of the Law of Property Act 1925 the need for the use of these tools may be seen as
continuing, section 78 (1) states "A covenant relating to any land of the covenantee shall be deemed to be made with the covenantee and his successors in title and
the persons deriving title under him or them, and shall have effect as if such successors and other persons were expressed" The approach was one that was criticized and
a new interpretation was placed onto the section by the case of Federated Homes v. Mill Lodge Properties [1980] has changed the way this is now interpreted. This was
a case where Mackenzie Hall owned a development site which was divided into three sections. The land had planning permission for a total of 1250 homes, but two lots out
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