RESTRICTIVE COVENANTS - NSBS Home

RESTRICTIVE COVENANTSA covenant affecting land is RESTRICTIVE if it restricts the doing of something to, on,over or under land or in relation to an estate or interest in land: Elphinstone -CovenantsAffecting Land, page , a RESTRICTIVE covenant is contained in a deed conveying land, although there isnothing to prevent a RESTRICTIVE covenant from being created by a separate first glance, one might ask why this subject is being included in a course on"Practical Property", since the above description of a RESTRICTIVE covenant appears torest on contractual rather than property A conveys land to B, and in the deed B, in consideration of the conveyance, agrees notto use the land for purposes other than residential purposes, does not the usualrequirement of privity of contract apply, and if this requirement is not met, can it notbe said that A only has a remedy against B if B breaches this covenant , unless there is avoluntary assumption of liability for its breach by B's successors in title to the land?

RESTRICTIVE COVENANTS A covenant affecting land is restrictive if it restricts the doing of something to, on, over or under land or in relation to an estate or interest in land: Elphinstone -Covenants

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