Rhone v Stephens [1994] UKHL 3

Fences and hedges: Old law in the modern world

Should a fencing covenant be treated as a fencing easement, which can bind successors in title? Joanne Wicks QC reports on a recent Court of Appeal judgment ‘The fencing easement is a most curious beast. In content it is like a positive covenant, requiring the obligor to take positive action and expend money on maintaining …

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CFAs: Held in the balance

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Reuben Glynn examines the precedents for contesting the assignment of a CFA ‘Jenkins was not appealed, and remains good law. The problem is it was only a High Court decision so, in principle, could be departed from by another High Court judge or overturned by the Court of Appeal.’ We have a new battle ground …

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

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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