Q2 Freehold covenants

Quinn built 4 houses on her adjoining land. In each of the transfers of the freehold for each house, she imposed a covenant that the property shall only be used as a house for residential purposes. She also imposed a covenant that each house owner must paint the front of their house every five years. Each of the house owners was also obliged not to let their front gardens fall into a state of disrepair. This was stated to be for the benefit of all 4 houses.

Patrick now owns Quinn's land. Each of the four houses have also been sold to subsequent owners. Oyinbolade who owns house number 3 now wishes to start a shop from his premises. His front garden is in a state of disrepair and the house appears not to have been painted for several years.

Discuss briefly

In the discussion include

Covenants can be positive or negative. Explain how you would interpret whether a covenant is positive or negative. Discuss whether the following are positive or negative covenants: -

Explain the impact of the doctrine of privity of contract on freehold covenants over land.

look at the rules around enforceability of covenants at law

difference between the following two clauses made between ExplaIn the difference between the following two clauses made

Advise as to whether these covenants will bind him or not

Advise as to whether he can enforce the covenants against the current owners