Covenant in UK Law
Federated Homes Ltd v Mill Lodge Properties Ltd
For myself, I reject the narrowest interpretation of section 78, the supposed orthodox view, which seems to me to fly in the face of the wording of the section. Before I express my reasons I will say that I do not find it necessary to choose between the second and the third views because, in my opinion, this covenant relates to land of the covenantee on either interpretation of section 78.
In otherwords, if the condition precedent of section 78 is satisfied - that is to say, there exists a covenant which touches and concerns the land of the covenantee - that covenant runs with the land for the benefit of his successors in title, persons deriving title under him or them and other owners and occupiers.
Littlewoods Organisation Ltd v Harris
The reason is because it is so difficult to draw the line between information which is confidential and information which is not: and it is very difficult to prove a breach when the information is of such a character that a servant can carry it away in his head. The difficulties are such that the only practicable solution is to take a covenant from the servant by which he is not to go to work for a rival in trade. Such a covenant may well be hold to be reasonable if limited to a short period.
Kenny v Preen
The basis of it is that the landlord, by letting the premises, confers on the tenant the right of possession during the term and impliedly promises not to interfere with the tenant's exercise and use of the right of possession during the term. I think the word "enjoy" used in this connection is a translation of the Latin word "fruor" and refers to the exercise and use of the right and having the full benefit of it, rather than to deriving pleasure from it.
Kumar v Dunning
The main intention of section 62 was to provide a form of statutory shorthand rendering it unnecessary to include such words expressly in every conveyance. It is a matter of debate whether, in the context of the section, the words "rights…appertaining to the land" include rights arising under covenant as opposed to strict property rights. However, I will assume, without deciding, that rights under covenant are within the words of the section.
Douglas Gafford (Plaintiff v A H Graham and Another (Defendants
It appears that the judge's reference to a legal assignment was brought about by the citation to him in argument of the decision of this court in Shaw v. Applegate  1 WLR 970, where, at p 979H, Goff LJ, relying on the judgment of Farwell J. in Osborne v. Bradley  2 Ch 446, 451, expressed the view that it is easier to establish a case of acquiesence where the right is equitable only.
However, that view was rejected in Jaggard v. Sawyer by both Sir Thomas Bingham MR and Millett LJ who, agreeing with Megarry VC in Tito v. Waddell (No. 2)  Ch 106, 335, thought that Brightman J's approach had been compensatory, in that the damages awarded were intended to compensate the plaintiffs for not having obtained the price they would have been able to obtain for giving their consent, had they been asked to give it.
- Discharging a covenant entered into between John Weston and Samuel Jackson, and empowering the trustees of the Maze estate to complete certain sales Act 1829
- Landlord and Tenant (Covenants) Act 1995
Law of Property Act 1925
......covenant or agreement. restrictive of the user of land;. . . (iii) Any casement, liberty, or privilege over or. affecting land and being merely an ......
Conveyancing Act 1881
...... . . (v.) Conveyance, unless a contrary intention appears, includes. assignment, appointment, lease, settlement, and other assurance, and. covenant to surrender, made by deed, on a sale, mortgage, demise,. or settlement of any property, or on any other dealing with or for. any property; and ......
- Review: The Global Covenant
- The Covenant and the Charter
The new covenant of employability
Purpose: Changing career patterns and the erosion of job security have led to a growing emphasis on employability as a basis for career and employment success. The written and psychological contrac...
Conceptualising the notion of corporate brand covenant
Purpose: This paper aims to theorise the concept of corporate brand covenant. Design/methodology/approach: Christian theology is drawn on to define and identify the source of the notion of covenan...
- Q&A: A Covenant Quandary, Post Duval
- Are You Unintentionally Breaching An Absolute Covenant?
Short-term lettings frustrated by user covenant
The decision of the Upper Tribunal in Iveta Nemcova v. Fairfield Rents Limited  UKUT 303 (LC) is a reminder that it is not just the alienation covenant that must be considered when a tenant s...
Supreme Court in landmark restrictive covenant ruling
Ms Tillman was employed as Joint Global Head of the Financial Services Practice Group by Egon Zehnder Ltd, a specialist executive search and recruitment business (the Company).