header-logo header-logo

08 February 2007 / Andrew Francis
Issue: 7259 / Categories: Features , Property
printer mail-detail

Construing covenant chaos

Andrew Francis seeks certainty in the construction of freehold restrictive covenants

Just two short words can cause havoc, and, in property law, it is often the seemingly innocuous ones which are to blame.
Under many restrictive covenants affecting freehold land the consent of another party or its agent is needed before building work or alterations can begin. A problem arises where the identity of that party is not clear. In some cases it may be doubtful whether anyone’s consent is required and what the effect of there being no one to grant consent is.

Wording and construction

Here are some forms of words commonly encountered in restrictive covenants which can evade certain interpretation:
 the consent of the vendor or the vendor’s successors (or heirs and assigns);
 the consent of the vendor;
 the consent of the company (or individual); and
 the consent of the transferor.

Though solicitors and surveyors are not empowered to grant or withhold consent without a principal, references to them can also cause difficulties.
An instrument may contain wording differences eg the use of

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll