Restrictive Covenants and Freehold Land: A Practitioners Guide, 5th Edition

1. Introduction
2. Flowchart and checklists
3. Identification of covenants which are truly restrictive
4. Identifying the existence of restrictive covenants which are valid and binding
5. Making covenants work: is this covenant enforceable?
6. Enforcement of covenants between the original covenanting parties
7. Enforcement of covenants by the original covenantee against a successor of the original covenantor: making the burden of the covenant run
8. Enforcement of covenants against the original covenantor by a successor of the original covenantee: making the benefit of the covenant run
9. Enforcement of covenants by a successor of the original covenantee against a successor of the original covenantor: making both the benefit and the burden of the covenant run
10. Restrictive covenants created by public authorities and other bodies
11. Acquisition of land for public purposes and the effect on restrictive covenants
12. The power of local and other authorities to override restrictive covenants
13. Extinguishing restrictive covenants
14. The construction of restrictive covenants
15. Litigation and restrictive covenants
16. Discharge and modification of restrictive covenants under law of property act 1925, section 84(1) by the lands tribunal
17. Practical drafting and transaction points
18. Insuring restrictive covenants
19. Restrictive covenants and commonhold title
20. The Human Rights Act 1998 and restrictive covenants
21. Appendices

Andrew Francis is a barrister in practice at Serle Court, Lincoln’s Inn, London. He has had many years experience as chancery counsel in real property matters and other areas of chancery work. He is also the co-author of Private Rights of Way (1st Edn. 2012), Rights of Light: The Modern Law (2nd Edn. 2007) and is the author (with contributors) of Inheritance Act Claims; Law Practice and Procedure (looseleaf), all published by Jordan Publishing.