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Freehold Covenants

Land law contracts can include freehold covenants. These may be positive or restrictive covenants.

Freehold restrictive covenant example:

A party that owns land may not be able to erect certain buildings or properties upon the purchased land.

Freehold positive covenant example:

A party that has bought a property may be held to undertake certain actions. An example of action is the maintenance of trees in their garden.

A freehold covenant can sometimes be nullified by the requirement of expenditure, as a financial obligation imposed as a burden cannot be a covenant. Exceptions exist to this rule such as the erection of fences.

Deeds include freehold property covenants. This includes both restrictive covenants on freehold property and positive covenants. A deed may be used to transfer freehold titles as stated in (s. 52(1), LPA 1925).

A covenant is legally binding upon the land, not the original parties. This includes freeholds.

The use of leasehold covenants operates under a different legal system. Leases often include leasehold covenants to regulate the use of rented land or property in any manner. An example may be to restrict the tenant to using the property as a residential address only and not to utilise the address as a business or commercial enterprise via a leasehold covenant.

Freehold covenants are more likely to come up on a problem question or essay for an exam in the area of land law than other types of covenant. It is important to prepare accordingly, you can view a complete guide on the use of covenants by clicking below where we cover the entire section of the land law module in detail.

To see more information on the use of covenants you can visit our full guide by clicking here.

OSCOLA reference this article/case: LawLessons, ‘Freehold covenants’ (LawLessons, 30th August 2021) <> accessed 25th June 2022

Published inCovenantsLand Law
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