Scamell and Gasztowicz on Land Covenants
Clasificación: | Libro Electrónico |
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Autor principal: | |
Formato: | Electrónico eBook |
Idioma: | Inglés |
Publicado: |
London :
Bloomsbury Publishing Plc,
2018.
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Edición: | 2nd ed. |
Temas: | |
Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Intro
- Preface
- Contents
- Table of Statutes
- Table of Statutory Instruments
- Table of Cases
- Introduction: Covenants generally
- The doctrine of privity
- Modifications of the doctrine of privity
- Covenants relating to land
- Part I Restrictive covenants
- 1. Meaning of 'restrictive covenant' (including general consideration of requirements for transmissibility)
- The quality of transmissibility
- The development of the rules relating to transmissibility
- The current rules in relation to transmissibility
- 2. The benefit of the restrictive covenant
- Categories of potential beneficiaries
- 3. 1: Original covenantees
- The identification of original covenantees
- The Contracts (Rights of Third Parties) Act 1999
- 4. 2: Covenant beneficiaries
- Origin of trusts of the benefit of restrictive covenants
- Relationship between trusts of covenants and building schemes
- Who, as between the trustee and the beneficiary, should be party to the action to enforce the covenants?
- 5. 3: Subsequent owners and occupiers of land benefited by the restrictive covenant as competent claimants: overview
- General rule
- 6. Subsequent owners and occupiers of benefited land: (a) where there is annexation
- The effect of annexation
- The requirements for annexation
- The land to which annexation takes place
- Negating pre-existing annexation
- Negating annexation effected under section 78(1) of the Law of Property Act 1925
- Can annexation be effected after the creation of the covenant by the unilateral action of the person entitled to its benefit?
- 7. Competent claimants: (b) express assignment
- Assignability of restrictive covenants
- Express assignability not negatived by qualified annexation
- The time for making an express assignment
- Formal requirements for an express assignment
- Effect of section 62(1) of the Law of Property act 1925 or (pre 1926) section 6 of the Conveyancing Act 1881
- Implied assignment
- After the first assignment, is an unbroken chain of assignments connecting the first assignee with the claimant required?
- Assignment by operation of law
- 8. Competent claimants: (c) building schemes
- Introduction
- 1 The evolution of building schemes
- 2 The legal effects of building schemes
- 3 The facts which must be proved to establish the existence of a building scheme
- 4 Factors which may negative the existence of a building scheme
- 5 Requirements for registration of building scheme obligations under the Land Charges Acts, 1925 and 1972 and, in the case of registered land, under the Land Registration Acts 1925-2002
- 9. The running of the burden of restrictive covenants
- The nature of the burden of a restrictive covenant
- The running of the burden of restrictive covenants where the title to the land is unregistered