| 释义 |
covenant running with the land
1. A restrictive covenant affecting freehold land and binding or benefiting third parties who acquire the land. A restrictive covenant runs with the land of the covenantee if it is intended to benefit, and is capable of benefiting, land owned by the covenantor (the dominant tenement) (Tulk v Moxhay (1842) 2 Ph 774). A covenant created before 1926 will bind a purchaser for value of the legal estate in the servient tenement if he has notice of it; a covenant created after 1925 will not bind a purchaser of the legal estate for money or money’s worth unless it is registered (see registration of encumbrances). A positive covenant (i.e. an obligation to perform an act) does not run with the land (Rhone v Stephens [1994] 2 AC 310). 2. In a lease, a covenant, either restrictive or positive, that “touches and concerns” the land, i.e. one that affects the nature, value, or enjoyment of the land, and will bind successors in title of the landlord and the tenant provided there is privity of estate between them. |