Conveyancing / Tenancy / Land

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

By Andrew Francis
LexisNexis U.K. December 2019

Specifications

ISBN-13
9781784732417
Publisher
LexisNexis U.K.
Publication
December 2019
Format
Hardback + CD-ROM
Jurisdiction
Commonwealth, European Union, U.K. ? Countri(es) for reference only

Details

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.  This enables the adviser to solve problems quickly and accurately.  The author brings his extensive experience of cases involving covenants to the work, dealing with points that arise in practice both comprehensively and with authority.

The work considers all the key areas of law and practice affecting restrictive covenants.

Table of Contents

  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

About the Author

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.

Reviews

"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

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