ABSTRACT

Freehold covenants are extremely wide in nature and, they can encompass almost any topic. A covenant is a promise made by deed. The concept of leasehold covenants should not be confused with freehold covenants, however. Whereas freehold covenants are promises to do something on peoples' own land, leasehold covenants are promises as to how a landlord and tenant conduct themselves for the duration of a lease. The two concepts are distinct entities with different sets of rules relating to their existence and transmission, and as such they should be viewed separately. Covenants can be positive or negative in nature. Whilst negative covenants usually bind successors in title to the burdened land, positive covenants do not. A freehold covenant is an equitable interest in land. In registered land, a freehold covenant must be registered as a Notice on the Charges Register at the Land Registry. The benefit of a covenant can be expressly assigned on the sale of the land provided.