header-logo header-logo

Above the local law

08 July 2016 / Amy Proferes
Issue: 7706 / Categories: Features , Property
printer mail-detail

Amy Proferes provides an update on dispensing powers in building schemes

  • An analysis of building schemes, enforcing covenants & dispensing powers.

Building schemes, or schemes of development, developed as a result of the difficulties involved in enforcing restrictive covenants when plots are sold out of a larger estate. There are four possibilities (see eg Small v Oliver & Saunders (Developments) Ltd [2006] EWHC 1293 (Ch) at [27], [2006] All ER (D) 376 (May)):

a) The benefit of the covenants may be annexed to the vendor’s retained land, which decreases in size with each sale. Purchasers and their successors may only enforce covenants against earlier purchasers and their successors.

b) The covenants may be annexed to the entirety of the land unsold by the vendor, but not to parts of that land. The vendor alone may enforce the covenants against all the purchasers. If he disposes of the retained land he may expressly assign the benefit of the covenants to his transferee; if he does not do so, no one has the right

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll