ABSTRACT
This chapter looks at freehold covenants. Covenants are proprietary obligations. They are enforceable between the covenantor and covenantee irrespective of whether contractual consideration is given. Covenants may be given in a stand-alone transaction by one neighbour to another or are more likely to arise when a person sells part of their land to another. Covenants developed because courts of equity were prepared to grant a remedy against a landowner who acquired land in the knowledge that it was affected by a covenant, even though it had been created by some other person: Tulk v Moxhay (1848).
