1. Is the burden enforceable by successors in place of the burdened land?
2. Is the burden enforceable against successors in place of the burdened land?
Negative enforceable at common law & in equity
Negative enforceable at equity (x also some law)
EQUITY
- Enforces covenants on burdened land
- Burden passed in the successor
- Assignment
- A bridge on development scheme
- Covenants legal rights in the land
- Deemed intention
- Notice (Pud 2007, s 507)
- Relates to the burdened land
- New property of regime
- Notice (Pud 2007, s 307)
by Beth