Land Law Restrictive Covenants Law Essay Research Paper (Essay Sample)
ways of modifying restrictive covenants on land
right to light on land
dealing with non compliance in tenants
PART 1-before purchase
A restrictive land covenant is a contract obligation which has been attached to land regulating what the land be used for and what must or must not be done on the land (Sabey, et al). The contact comprises two parties, the restricted party and the beneficiary. A restrictive land covenant could curtail its development appearance for instance its height and size or its purpose such as whether it is to be used as a residential place or an agricultural place (Sites).
In this case study, Andrew, a developer, plans to build twelve houses on a land he has purchased from Bob, but the land has a restrictive covenant. This covenant has called for the need of Andrew to modify the land for his plan to materialize.
Enforceability of the Covenant
The covenant is enforceable to Andrew since it touches on Bobs land, the original owner. In the covenant, it is indicated that the property can only be used for single dwelling house yet Andrew wants to build twelve houses. The lands usage should not cause any disturbance according to the covenant, having more than one house is likely to cause disturbance. There is also an indication in the covenant that it is binding on and running with the land. This shows its application continues and lasts indefinitely regardless of whether the neighboring lands have been used or sold.
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