Passing the Benefit & Positive Covenants | Land Law

Subscribe to my personal channel for videos on how to study law effectively & efficiently:    / @heygarethevans   Unlike the burden (which can only pass in equity, and then only in respect to restrictive covenants), the benefit of a covenant can pass at law and equity and in respect to both positive and negative covenants. Note: as only the burdens of restrictive covenants can pass, where the original covenantor has alienated the land it is likely that only restrictive covenants will be in issue

Also, as only the burden of restrictive covenants may pass in equity, it is most common for the claimant to plead that the benefit has also passed in equity (as explained in Gafford v Graham 1998). In practice, therefore, the passing of the benefit at law and in respect to positive covenants is only relevant when the suing the original covenantor.

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SEE MY VIDEO ON PASSING THE BURDEN OF A COVENANT ➡️
   • Passing the Burden of a Covenant | La...  

If you liked this video you may like my website post on 'Passing the Benefit of Covenants': https://digestiblenotes.com/law/land/...