ABSTRACT
Neighbours will often draw up agreements between themselves about the use each makes of his land. These will be personal obligations governed by the rules of contract. They have a considerable impact on the enjoyment of the land by both parties and they are quite independent of any rights and obligations which arise under planning law. Land law has long sought a way to make these agreements enforceable against third parties. These agreements often have a profound effect on the enjoyment of property, but unless they are enforceable against successors in title, the value of a restrictive covenant will be limited. It is the ability to be able to enforce these rights as a third party or against third parties that give covenants real value to successive landowners. If one landowner can prevent a neighbouring landowner from building on his land that will increase the enjoyment of the claimant for the present. However, if this right can be enforceable against anyone who lives at the property and by anyone who purchases the land from the claimant that will increase its amenity value enormously as it will reassure the purchaser that the land can never be used for building purposes.
