ABSTRACT

This chapter considers the issue of freehold covenants. Covenants are a form of private control over the use of land whereby one landowner promises another to perform or to abstain from doing something over his land. The chapter begins by considering how covenants are created and how they bind the original parties to the agreement. This will be followed by a consideration of how covenants can bind their successors in title both at common land and in equity. The chapter explains the remedies available when a person breaches the covenants or breaks their promise. It explores how covenants can be changed or removed. It also explains how the ability to enforce covenants passes to successors in title both at common law and in equity. The chapter further explains how the responsibility of covenants passes to successors in title both at common law and in equity.