Question

This is also a conveyancer's drafting device and a circumvention of the rule rather than an exception to it. The covenantor (A) makes a positive covenant, again as instanced above, with the covenantee (B). However, the covenantor (A) also promises: (a) to require his successor in title (C) to make the same covenant directly with B; and (b) 'to promise to impose the same obligation of direct covenant in turn on his successor' (Gray and Gray 2011: 130). This should work even if title to the servient land is unregistered, since purchasers must apply for first registration when there is a transfer of 'a freehold estate in land'. This is done by the entry of a 'restriction upon the registered title to the land sold preventing any dispositions being registered in the absence of the disponee [C] having entered into a covenant with the original vendor [B]'.

Answer 1

A restrictive covenant is a provision in property deeds or leases that imposes limitations on the use of the property. These covenants historically have regulated property use and can enforce discriminatory practices.

They are legally binding on future owners, ensuring the covenants continue through successive property transactions.

Step-by-step explanation:

A restrictive covenant is a clause in a deed or lease that limits what the owner of the land or lease can do with the property.

Restrictive covenants can dictate various limitations, from the aesthetics and structure of buildings to prohibiting the sale of property to certain groups of people, which historically has included discriminatory practices. Understanding these covenants is crucial for property owners and potential buyers, as they can significantly impact property rights and values.

In the case described, a covenantor (A) enters into a positive covenant with the covenantee (B) and undertakes to ensure that his successor in title (C) also enters into the same covenant with B. In addition, covenantor (A) commits to requiring that C undertakes to impose this same obligation on any subsequent successor.

This mechanism operates as a way to bypass certain rules and ensure that restrictions continue to bind future owners, which is particularly useful in cases where land is unregistered.

The incorporation of a restriction on the registered title serves to prevent any future transactions unless the new owner (C) has agreed to the covenant, thus maintaining the continuity of the restrictions imposed by the original covenant.

Restrictive covenants have had a significant role in the history of property law, influencing not only individual property rights but also broader societal patterns, such as residential segregation.

It is, therefore, important to understand the legal implications and historical context of these covenants in relation to property transactions.