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Development: Putting it all together
Ann Ebberson highlights the importance of ascertaining rights of way and covenants before purchasing land for redevelopment ‘Unlike restrictive covenants, positive covenants do not run automatically with the land and there needs to be a mechanism in the title to ensure that such covenants pass on to successors in title.’ Acquiring land for development can …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410
- Gore v Naheed & anor [2017] EWCA Civ 369
- Harris v Flower & Sons (1904) 74 LJ Ch 127
- Queen Elizabeth's School Blackburn Ltd & ors v Banks Wilson Solicitors (a firm) [2001] EWCA Civ 1360