ABSTRACT
This chapter is concerned with looking at covenants positively for a change: or, to put it another way, it asks the question: ‘Why are we not looking positively at a change for freehold covenants?’ So, why this old chestnut? How does it fit in with the theme of this collection of papers themed around ‘the idea of property and obligations in law’? In fact, it would be difficult to find a topic as relevant; it is, perhaps, the most relevant. Why? Because freehold covenants, whilst creating benefits for the dominant tenement, also create obligations on the servient tenement – but, are they ‘property’? 2
