ABSTRACT
The law concerning covenants made between freeholders (‘freehold covenants’) represents yet another way by which one landowner may control or affect the use of neighbouring land.1 In some respects, the principles discussed below are similar to those seen in respect of leasehold covenants (Chapter 6) and easements (Chapter 7), in that a binding freehold covenant entails both a benefit and a burden held in respect of two estates in land held by different people. Similarly, covenants represent another species of proprietary obligation, albeit one that owes its origin to the remedial jurisdiction of the court of equity.2
