Tricky Issues Arising from Restrictive Covenants: For Residential Conveyancers

Description

As a busy conveyancer, you will know that restrictive covenants are a common feature of legal titles. Yet breaches of covenants, or pitfalls arising from the drafting of specific covenants, can cause significant problems in a conveyancing transaction.

So, this presentation is designed to provide you with a vital overview of a range of current matters that you otherwise might not have time to read about.

This session will examine common difficulties that can arise from non-compliance with a covenant, potential disputes with neighbouring owners, or the burdensome nature of a covenant.

This webinar was recorded in September 2023.

Matters covered by this course will include:

• “Old” covenant: is it enforceable? Pre-1926 conveyance.
• What is statutory annexation of the benefit of a covenant?
• Missing conveyance: can you rely on a deed relating to an adjoining property?
• Who has the benefit of the covenant? What about the neighbours?
• Is the covenant onerous?
• Has the covenant been discharged by the vendor’s death?
• Can consent be unreasonably withheld?
• Is an injunction likely to be granted if the covenant has been breached?
• Key implications of a private dwellinghouse covenant
• Does “a” mean “one”?
• Effect on error on the Charges Register meant that the covenant was not binding
• Can the property be advertised on Airbnb?
• Is homeworking prohibited?
• How can a covenant be discharged or modified by the Upper Tribunal?
• Indemnity insurance — material considerations