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Words: | Submitted: Mon Jun 19 2006
... up by obligations that are merely temporary, ambiguous and personal in nature, the conveyance of land is unfettered. Diagram to illustrate parties involved. A = COVANANTEE - Alan has benefit of covenant (Freehold owner) (receives the promise) B = COVENANTOR - Justin has burden of covenant and the person whom gives the benefit. (Freehold owner) C = SUCCESSOR IN TITLE TO ORGINAL COVENANTEE = Colin buys from Alan in 1995. D = SUCESSOR IN TITLE TO ORGINAL COVENANTOR= Kenneth buys from Justin takes assignment. Dominant tenement = Brantville Estate Servient tenement = Plot X Kenneth is in breach of covenants 1, 2 and 3. No contractual relationship exists between Colin and Kenneth. Privity of contract exists between Alan and Justin (the original parties), allowing Alan to sue Justin in contract if the covenants are breached. There are different rules relating to positive and negative covenants, when deciding which category a covenant falls within we look at ...
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