header-logo header-logo

13 May 2010 / Andrew Lugger
Issue: 7417 / Categories: Features , Property
printer mail-detail

Entering the unknown

Andrew Lugger considers the case against land obligation & advises us to learn the lessons of the past

The Law Commission, at an early stage, decided that restrictive covenants should go high on the list of subjects for consideration with a view to reform. It remains convinced that the technicalities of the existing law of restrictive covenants have made the conveyancing process complicated, and the position of the parties left uncertain by restrictive covenants appearing on the title of the burdened property of which enforceability is less than certain.

The concept of “land obligation” was first introduced in the Law Commission’s Report on Restrictive Covenants in 1967. Smitten with this concept as a cure for the complexities of restrictive covenant enforcement, the Law Commission has tried unsuccessfully in all its subsequent reports to replace covenants with land obligation.

This new interest in land will adhere to specified piece and parcel of land for the benefit of other specified land thus allowing the burden and benefit to run automatically. Land obligations would be enforceable only

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll