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This popular work has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land.
This popular work has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. In this book a complex topic is made intelligible by easily understood text, complemented by flowcharts and checklists. Enables you to solve problems quickly and accurately. The author brings his extensive experience of cases involving covenants to the work, dealing with issues that arise in practice both comprehensively and with authority.
This fully revised 3rd edition includes:
- A chapter written by a senior underwriter about restrictive covenant indemnity policies - which are often a modern solution to problems with covenants
- Chapters dealing with the public law side of covenants, whether as to creation, overriding, or the carrying out of statutory purposes and 'immunity' from injunctions when bodies exercising statutory powers act in breach of covenant
- Recent important cases considered includes: City Inn v Ten Trinity Square; Graham v Easington District Council; Winter v Traditional & Contemporary Contracts; Shephard v Turner; Field Common v Elmbridge Borough Council
- Appendices containing precedents of covenants and restrictions and all relevant statutory material, both primary and secondary and Lands Tribunal Rules and Practice Directions and extracts from the Civil Procedure Rules
- A free CD-ROM containing all statutory and other material in the Appendices
Changes effected by the Planning Act 2008 to the power to override covenants, and the new regime in the Lands Tribunal under the Courts Tribunals and Enforcement Act 2007 are examined in full.
All the key issues affecting restrictive covenants are considered including:
- how to draft restrictive covenants
- how to understand the meaning of the words used in them and how to advise on their validity and enforceability, with consideration of declaratory claims
- how to enforce covenants by injunctions, or by damages
- how to spot the special rules which apply to statutory authorities when imposing, overriding, or enforcing restrictive covenants
- how to deal with applications to discharge, or modify covenants in the Lands Tribunal- with summaries of most of the decisions in this jurisdiction within the past three decades and earlier
- how to arrange restrictive covenant indemnity policies
In addition, there is greater discussion of the legal principles which reflect recent developments in the law; for example that relating to Wrotham Park type damages for breach of covenant. There is also reference to the Law Commission's proposals under its current programme for the reform of covenants.
- Flowchart and checklists
- Identification of covenants which are truly restrictive
- Identifying the existence of restrictive covenants which are valid and binding
- Making covenants work: is this covenant enforceable?
- Enforcement of covenants between the original covenanting parties
- Enforcement of covenants by the original covenantee against a successor of the original covenantor: making the burden of the covenant run
- Enforcement of covenants against the original covenantor by a successor of the original covenantee: making the benefit of the covenant run
- 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
- Restrictive covenants created by public authorities and other bodies
- Acquisition of land for public purposes and the effect on restrictive covenants
- The power of local and other authorities to override restrictive covenants
- Extinguishing restrictive covenants
- The construction of restrictive covenants
- Litigation and restrictive covenants
- Discharge and Modification of Restrictive Covenants under Section 84(1) of the Law of Property Act 1925 by the Lands Tribunal
- Practical drafting and transaction points
- Insuring restrictive covenants
- Restrictive covenants and commonhold title
- The Human Rights Act 1998 and restrictive covenants
Appendices
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Statutory Material (extracts)
- Conveyancing and Law of Property Act 1881
- Law of Property Act 1925
- Land Registration Act 2002
- Land Registration Rules 2003
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Statutory Material (extracts)
- Town and Country Planning Act 1990
- Local Government Act 1972
- National Trust Act 1937
- National Trust Act 1971
- National Parks and Access to the Countryside Act 1949
- Green Belt (London and Home Counties) Act 1938
- City of London (Various Powers) Act 1960
- Land Powers (Defence) Act 1958
- Leasehold Reform Act 1967
- Leasehold Reform, Housing and Urban Development Act 1993
- Forestry Act 1967
- Countryside Act 1968
- Greater London Council (General Powers) Act 1974
- Ancient Monuments and Archaeological Areas Act 1979
- Highways Act 1980
- Wildlife and Countryside Act 1981
- Local Government (Miscellaneous Provisions) Act 1982
- Allotments Act 1950
- Pastoral Measure 1983
- Housing Act 1985
- Natural Environment and Rural Communities Act 2006
- Crossrail Act 2008
- EC Treaty, Articles 81 and 82
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Statutory Material (extracts)
- Land Charges Act 1972
- Local Land Charges Act 1975
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Lands Tribunal Rules, Practice Directions and Fees Rules
- Lands Tribunal Rules 1996
- Lands Tribunal Upper Tribunal (Lands Chamber) – Interim Practice Directions and Guidance
- The Upper Tribunal (Lands Chamber) Fees Order 2009
- Arbitration Act 1996
- Stewart Title Limited Indemnity Policy
- Plan
- Precedents, Lands Tribunal Forms and Civil Procedure Rules (extracts)
Andrew Francis, Barrister, Serle Court, Lincoln's Inn
He has had many years experience as Chancery counsel in real property matters and other areas of Chancery work. He is the co-author of Rights of Light, The Modern Law (2nd Edn 2007). He is also the author of Inheritance Act Claims; Law Practice and Procedure (looseleaf). Both books reflect other areas of his expertise and are published by Jordan Publishing.
"Andrew Francis has a relaxed and readable style, and within a relatively short book there is a great deal of information"
PLANNING
"Andrew Francis's excellent Restrictive Covenants and Freehold Land - A Practitioner's Guide ... An area of law described on the dust jacket as "very complex" ... desperately needs a book like this ... Marvellous"
NEW LAW JOURNAL
