Dating covant

04-Jan-2020 14:48

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A covenant is essentially a contract between the covenantor (the owner of the burdened land) and the covenantee (the owner of the land which takes the benefit).As a result of a legal principle called “privity of contract”, the covenant will always be enforceable as between the original covenantor and covenantee, even after either or both have parted with the land in question.

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It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative.Please note that this article deals only with freehold covenants.The rules relating to covenants in leases differ in terms of when and how they can be enforced and the consequences for breach.The rules which dictate whether the benefit and burden run differ depending on whether the covenant is positive or negative.

There are two basic systems of law in England & Wales – common law and equity.

In other words, the original covenantee must have actually owned the land that benefits when the covenant was made – if for example he had only contracted to buy the land then it will not be enforceable.