ABSTRACT
Freehold covenant comprises a benefit and a burden. The law relating to freehold covenants applies in all circumstances where there is no privity of estate between the parties and each covenant will confer a benefit and a corresponding burden on the relevant parties. If the freehold covenant does touch and concern the land, then it is possible that the right to sue on the covenant may pass either at law or in equity to a successor to the original covenantee. Indeed, the rules relating to the transmission of the benefit of a freehold covenant are entirely independent from the rules relating to the transmission of the burdens of the covenant. The law of real property has developed rules and principles that allow one landowner to control the use to which their neighbour may put their own land. If the covenant was made between freeholders, the rules commonly known as the rules of freehold covenants come into play.
