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04 February 2022 / Andrew Francis
Issue: 7965 / Categories: Features , Property
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Bath Rugby win at home

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Victory in the Court of Appeal: Andrew Francis tackles the enforceability of covenants
  • Following the Court of Appeal’s decision in Bath Rugby Ltd v Greenwood, this article looks at the problem of deciding whether a covenant can be enforceable by anyone who claims the benefit of it and who is not the original covenantee.

To adapt the words of a onetime resident at Bath, it is a truth universally acknowledged by real property lawyers that in order to be of any practical value, a restrictive covenant affecting freehold land must have an enforcing party.

To decide whether a covenant achieves that status can be difficult. The trickiest part of the analysis of a covenant is not always its meaning, or whether it binds anyone, but whether anyone can enforce it. Over more than two centuries, the courts have devised rules about how the burden of a covenant may run and also working out how the right to enforce (‘the benefit’) of a covenant may be claimed; in each case,

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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