... have a legal estate in the land. We are told that in 1995 Alan sold the Brantville estate to Colin thus transferring the fee simple. Thirdly, the covenants must touch and concern (benefit) the dominant land in some way, be it use, value or occupation2. It is noted that covenant one, a positive covenant, benefits the dominant land because it requires a contribution toward the annual maintenance of the access road, without which the road would fall into disrepair and would begin to negatively affect the use, value and occupation of Brantville. Covenant two, a restrictive covenant, requires that the servient tenant does not cause a nuisance by hanging clothes out to dry on a washing line. Whilst it is noted that not having to view your neighbours washing, may, in some 'small' way improve the dominant tenant's occupation, it is highly unlikely that a court would determine that there ...

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