Restrictive & Positive Covenants in Freehold Land

Description

Both restrictive and positive covenants are frequently met: over 70% of all freehold titles being subject to the former. The course aims to look at the enforceability of such covenants.  In addition, estate rentcharges continue to be a major issue. Topics covered include:

• Enforceability of restrictive covenants ;
• The consequences of the Supreme Court decision in Alexander Devine v Housing Solutions;
• Interpretation of restrictive covenants;
• The passing of the benefit of restrictive covenants;
• The passing of the burden of restrictive covenants;
• Land Registry requirements;
• Discharge of restrictive covenants;
• Enforceability of positive covenants;
• Flying freeholds;
• Estate rentcharges in freehold land;
• Commonhold, which the current Government aims to replace leasehold with; and
• Changes to Rentcharges under the Leasehold and Freehold Reform Bill 2023-24

Richard Snape has been the Head of Professional Support at Davitt Jones Bould since 2002.   He speaks at numerous courses for law societies all over the country, various public courses, in-house seminars within solicitors’ firms and has also talked extensively to local authorities and central government bodies.  His areas of specialism include both commercial and residential property, in particular in relation to local government law, conveyancing issues, development land, commercial property and incumbrances in relation to land.