Land Law Research Paper Example | Topics and Well Written Essays - 2250 words

Land Law - Research Paper ExampleWith regards to positive covenants, there is no issue when the authorized covenantee seeks to claim against an original covenantor. However, complications emerge when attempts are made to make a successor in championship to the original covenantor liable on the premise that the burden of the covenant has passed to them, or when successor in entitle to the original covenantee wishes to sue on the premise that the benefit of the covenant has passed to them. The difficulty with this is that although the burden may pass to successors in title in restrictive covenants, this govern does non apply in positive covenants. This problem can be seen in Rhone v Stephens 19942 where a property proprietor had divided his property into two, selling one (a cottage) and retaining the other. He covenanted to maintain the roof that extended over the cottage, which subsequently leaked and damaged the cottage. The cottage owners then sued the successors in title of th e original covenantor. However, the House of Lords held that because the covenant was positive, there could be no liability. Lord Templeman stated that equity could not be used to enforce positive covenants and to do so would be to enforce a personal obligation against a person who has not covenanted3. This was based on the principle in Keppell v Bailey 18344 which establishes the rule that only the benefit and not the burden runs with the land. In Haywood v Brunswick Permanent Benefit Building Society 18815, Cotton LJ held that covenants requiring owners to put his hand into his pocket was not enforceable.