Preston and Newsom provides comprehensive guidance on the effect, enforcement, modification and removal of covenants restricting the use of freehold land. It also considers user covenants in leases, rent charges, easements, and other rights.
Explains how the benefit of covenants can pass to new owners and occupiers of benefited land
Explains when new owners and occupiers of registered and unregistered land should comply with restrictive covenants
Explains schemes of mutually enforceable restrictions
Considers the effect of user covenants in rentcharges and easements
Gives practical advice on drafting effective restrictive covenants and schemes
Reviews numerous cases on the meaning of particular covenants
Applies important recent case law on the interpretation of legal documents to covenants
Considers powers of nominated persons to release restrictions and to approve plans
Considers what activities breach a wide variety of typical restrictions
Discusses the merits and risks of asking the court for an injunction
Explains recent legal developments about whether damages can be awarded instead of an injunction and what damages can be awarded
Explains the special court procedures for a universal declaration about whether a covenant continues to be effective; who is affected by it; and whether it prevents a particular project
Explains the power and judicial discretion of the Upper Tribunal to modify or terminate restrictions
Explains who can apply to the Tribunal and who can object
Explains the preliminary and hearing procedures of the Lands Chamber of the Upper Tribunal
Explains the Tribunal’s special procedures in covenant proceedings
Explains how the titles of objectors can be challenged in the Upper Tribunal or in the courts
Considers in detail what sorts of restrictions can be modified in what circumstances
Reviews many Tribunal decisions and explains what compensation can be awarded
Explains how the Tribunal decides whether to award costs in covenant proceedings
Explains the criteria and procedure for appealing Upper Tribunal decisions
Considers other ways in which covenants can be altered, limited, suspended or ended
Includes appendix materials containing relevant statutes, procedural rules, practice directions, standard forms, practice statements and up-to-date tables of Upper Tribunal decisions from the last 10 years
Includes references to a variety of relevant court decisions and statutes in commonwealth jurisdiction
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