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Scamell and Gasztowicz on Land Covenants 3rd ed

Steven Gasztowicz KC

ISBN13: 9781526524447

Previous Edition ISBN: 9781784515409

Published: November 2023

Publisher: Bloomsbury Professional

Country of Publication: UK

Format: Hardback

Price: £295.00

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9781526524454

£265.50

This book covers a complex and broad area of law for property lawyers to contend with. Dealing with the impact of covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. The volume of case law on this topic is extensive.

This book includes coverage of positive covenants and planning covenants and is updated to include the major Supreme Court case on restrictive covenants, Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] 1 WLR 4783 and other major Court of Appeal decisions. It also deals with the special position of local authorities in relation to land covenants, and has coverage on freeing land from restrictions.

The book is divided into four main parts:

Part I – Restrictive Covenants
Part II – Positive and Negative Covenants
Part III - Planning Obligations
Part IV - Reform

Subjects:: Property Law

Contents:: 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; 3.; 1: Original covenantees; 4.; 2: Covenant beneficiaries; 5.; 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; 25. Meaning of 'positive covenants' and of 'negative covenants which are not restrictive covenants' and frequency of use; 26. Persons able to claim the benefit of positive covenants: (I) Original covenantees; 27. Persons able to claim the benefit of positive covenants: (II) Subsequent owners and occupiers of the benefited land; 28. The burden of positive covenants; 29. Methods of securing the indirect running of the burden of a positive covenant; 30. Remedies for breach of positive covenants; 31. Covenants and commonhold; Part III: Planning obligations relating to land; 32. Planning obligations; Part IV: Reform; 33. Reform of the law relating to restrictive covenants: Law Commission proposals