Positive Covenants: A thorny issue

Atlantic Chambers (Chambers of Simon Dawes) | Property Law Journal | February 2014 #318
Andrew Williams examines a recent Court of Appeal case concerning positive freehold covenants and the recovery of maintenance costs ‘Goodman is likely to become best known for the Court of Appeal’s decision as to the registration requirements relating to the burden of a positive covenant.’ During the Autumn of 2013 the Court of Appeal in …

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Positive Covenants: Going, going… not gone just yet!

Cripps | Property Law Journal | March 2013 #305
The recent Court of Appeal case of Wilkinson v Kerdene is a useful reminder of an exception to the general rule that the burden of a positive covenant does not run with freehold land, as Simon Jones finds out The facts in Wilkinson v Kerdene Ltd [2013] are similar to those in Halsall v Brizell …

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