ABSTRACT
This chapter discusses three principles, which are similar to those seen in respect of leasehold covenants and easements, in that a binding freehold covenant entails both a benefit and a burden in respect of estates in land held by different people. The three principles include: enforcement between the original covenantor and the original covenantee; enforcement against successors to the original covenantor; and enforcement by successors to the original covenantee. Covenants between freeholders may be either positive or negative in nature. The great majority of covenants between freeholders are 'restrictive' in nature, in that they prevent a landowner from doing something on his own land, as opposed to requiring him to take positive action. The contractual nature of a covenant means that the original covenantor is under the burden of the covenant. The original covenantee has the 'benefit' of the covenant and may enforce it as a matter of contract.
