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Scamell and Gasztowicz on Land Covenants 2nd ed

Steven Gasztowicz

ISBN13: 9781784515409

New Edition ISBN: 9781526524447

Previous Edition ISBN: 1845925971

Published: January 2018

Publisher: Bloomsbury Professional

Country of Publication: UK

Format: Hardback

Price: Out of print

Wildy's Book of the Month: April 2018

Scamell and Gasztowicz on Land Covenants, 2nd edition brings the material up to date exploring the types of covenants practitioners have to contend with, analysing their relevance to property and planning transactions and seeking to offer practical advice in this complex and far reaching area of law.

The second edition will introduce coverage of positive covenants and planning covenants which no other title on the market currently offers.

A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative.

Dealing with the impact of Covenants on land affects most conveyancing transactions and is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition is divided into two parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants.

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; Appendices; Appendix 1 Section 84 of the Law of Property Act 1925; Appendix 2 Practice Statement; Appendix 3 Practice Statement; Appendix 4 Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010; Appendix 5 Practice Directions; Appendix 6 Upper Tribunal (Lands Chamber) Forms T379–T382; Appendix 7 Sections 106–106C of the Town and Country Planning Act 1990; Index