Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Preface

Document Cited authorities 2 Cited in Related
AuthorChristopher Jessel
Pages11-12

Preface

The rule that a positive covenant affecting freehold land can not be enforced against a successor of the covenantor is firmly established in English property law. In the recent case of Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd1in the Supreme Court in November 2018, a previous owner of the defendant’s freehold land had covenanted to maintain some leisure facilities which benefited the claimants’ land. Lord Briggs said ‘it is common ground that the burden of this covenant, being positive in nature and unsupported by a leasehold structure, did not bind successors in title’. The point was not even worth discussing; it was accepted by all...

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT