LLB220 Lecture Notes - Lecture 12: Lexisnexis
Document Summary
Extracted from b edgeworth et al, sackville and neave australian property law cases and materials (lexisnexis butterworths, Usually there is a contract that runs with the land. A covenant may be positive or negative: positive: you need to build or maintain something, negative: agreement not to do something. If they obtain an equitable estate, must look to whether covenant runs with the land in equity. Touches and concerns the land: the covenant must benefit the land (not be a personal benefit, better enjoyment. Usually made on the deed or on operation of law. Would a reasonable person have known of the covenant: s 88(1) conveyancing act. Have to have land burdened and benefited by the covenant. Who, if anyone, can modify the covenant. Who, if anyone, can release the covenant. In writing: deed then s 23(c) and s 54a are satisfied. However it (cid:374)eed(cid:374)(cid:859)t (cid:271)e i(cid:374) deed for(cid:373) No privity of contract: not a party.
