Livoa LogoLivoa

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

Positive enforceable at common law only

Negative enforceable at equity (x also some law)

Positive enforceable under statute (1) on 1987

EQUITY


- Enforces covenants on burdened land

- Burden passed in the successor

- Assignment

- A bridge on development scheme

COMMON LAW


- Enforces covenants on burdened land

- Covenants legal rights in the land

- Deemed intention

EQUITY


- Enforces covenants on burdened land

- Notice (Pud 2007, s 507)

- Deemed intention

STATUTE


- Relates to the burdened land

- Enforces covenants on burdened land

- New property of regime

- Notice (Pud 2007, s 307)

Covenants

by Beth

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