ABSTRACT
The law of freehold covenants has changed little in recent years, and even the Land Registration Act 2002 has done little to alter the law in this area.
Enforcement of a freehold covenant between the original parties is rarely a problem, being essentially a matter of the law of contract. However, assignees of the original covenantee will have to prove that the covenant has run with the land in order to enforce it. An important point to remember is that, even if it is possible to run the benefit and burden of a covenant, a purchaser of the burdened land may take free from the covenant if it has not been protected by registration.
