... be liable for positive covenants, and Breezeblock plc is not. Secondly, only freehold covenants that "touch or concern" land are capable of passing with a transfer of the land. In Swift investments v Combined English stores this was stated to mean that the covenant must affect the nature, quality, mode of user or value of the land. According to these guidelines it is fair to assume that the restrictive covenant in question does affect the value, nature and the way the land will be used since it will only allow for a certain amount of buildings to be erected and a definite level of income to be gained from it, as well as maintaining a certain quality of life for the people who are going to reside on it in the future. Thirdly, according to Whitgift Homes Ltd. V Stocks 2001, at the time of the original covenant (i.e. 1960) ...

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