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Scamell and Gasztowicz on Land Covenants 2nd Edition

Scamell and Gasztowicz on Land Covenants 2nd Edition

Author: Steven Gasztowicz
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781784515409

Previous Edition ISBN: 1845925971
Published In: January 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Scamell and Gasztowicz on Land Covenants, 2nd edition brings the material up to date exploring the types of covenants practitioners have to contend with, analysing their relevance to property and planning transactions and seeking to offer practical advice in this complex and far reaching area of law.

The second edition will introduce coverage of positive covenants and planning covenants which no other title on the market currently offers.

A covenant can be either positive or negative. 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.

Dealing with the impact of Covenants on land affects most conveyancing transactions and is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition is divided into two parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants.

Preface

Table of Statutes

Table of Statutory Instruments

Table of Cases

Introduction: Covenants generally

Part I Restrictive covenants

1. Meaning of 'restrictive covenant' (including general consideration of requirements for transmissibility)

2. The benefit of the restrictive covenant

1: Original covenantees

2: Covenant beneficiaries

3: Subsequent owners and occupiers of land benefited by the restrictive covenant as competent claimants: overview

6. Subsequent owners and occupiers of benefited land where there is annexation

7. Competent claimants express assignment

8. Competent claimants: building schemes

9. The running of the burden of restrictive covenants

10. Restrictive covenants and public law

11. The construction of restrictive covenants

12. Restrictive covenants and competition law

13. Remedies for breach of a restrictive covenant

14. Freeing the title from unenforceable restrictive covenants

15. Extinguishment, discharge and modification of restrictive covenants

16. The modification and discharge of restrictive covenants and agreements by the Upper Tribunal (Lands Chamber) pursuant to section 84(1) of the Law of Property Act 1925

17. The scope of the Upper Tribunal's powers under section 84(1) of the Law of Property Act 1925

18. The four alternative grounds giving rise to the Upper Tribunal's powers

19. The grounds giving rise to the Upper Tribunal's powers: paragraph (a)

20.

Section 84(1) of the Law of Property Act 1925: paragraph (aa)

21.

Section 84(1) of the Law of Property Act 1925: paragraph (b)

22.

Section 84(1) of the Law of Property Act 1925: paragraph (c)

23. The power of the Upper Tribunal to award compensation

24. Procedure on an application to the Upper Tribunal under section 84(1) of the Law of Property Act 1925

Part II Positive covenants and negative covenants which are not restrictive covenants