ABSTRACT
A positive covenant requires action involving expenditure. It is sometimes expressed in a negative way but is always positive in substance, eg a covenant not to let a wall fall into disrepair
A negative covenant does not require expenditure and is always negative in substance eg a covenant not to set up an outdoor washing line
Positive covenants are only enforceable by the parties to the original deed. This was affirmed in Rhone v Stephens (1994)
Negative covenants may be enforceable by and to the successors in title to the original parties
What happens if the original parties sell their land?
