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Sep, 2014

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  1. #1

    Default Hi need help with freehold covenants?

    Hi i Need help with freehold covenants question, how would you go about answering this question?

    Matt Pike ran a successful 30-acre fishing complex from his freehold property,Fishy Farm,In Devon. The Farm consisted of 12 Fishing Lakes and several conttages.

    In 1997,Matt sold the freehold to 10 acres of his land,including 3 lakes and Carp Cottage, To John Rudd

    The Conveyance to Jon Was subject to the following covenants "for the benefit of Matt Pike, and any land retained by him,his heirs assigns and successors in title":

    1)to use the property for residential purposes only
    2) to contribute 25% of the cost towards the upkeep and maintanance of the water purification sysytem serving the lakes at Fishy Farm and Carp Cottage
    3)to maintain the otter proof fence on the eatern boundry of the property and
    4)not to keep any fish eating pets

    in 2005 Matt Sold Fishy Farm to Ted Cod

    in 2207 John Rudd sold Carp Cottage to Bob Perch

    Bob has been running a fishing tackle buisness drom the cottage and is also breeding cats on site. Bob Has also failed o contricute to the upkeep of the water systemm or maintain any of the fences at the cottage.

    Advise Ted As to the enforceability of the covenants.

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    This isn't an examination question on which you're stuck, by any chance?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3

    Default

    Hi Jeffrey,

    Am not going to lie to you. it's a problem question from my revision book, i have done my land revision but now am confused as to how am suppose to answer the covenants question like that. it's not an examination question it's just practice revision question.

    I Hope someone can help? am not asking someone to answer the question but just give me breif outline as to how to answer the question as in whos the assignee, 3rd party, who can enforce against who,who owns the land etc...

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    You need to read-up on the rules about how the benefit and burden of covenants devolve. Also, try an LZ search on 'Covenants'.
    As I'm kind, I've found 11 threads for you to read; see http://www.landlordzone.co.uk/forums...archid=1200877
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5

    Default

    lol...thank you i will check the threads out.

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