is an
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
case, at the court of final appeal level, concerning the succession to the burden of
positive covenants in
freehold land within which it is of relatively broad application. It is distinguished in cases of regular payments related to
easements in English law
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunication ...
which are enjoyed (see ''
Halsall v Brizell
''Halsall v Brizell'' 957Ch 169 is an English land law case, concerning the enforceability of a positive covenant, that is required positive obligations, in this case the obligation to pay money for upkeep and repair.
Facts
Homebuyers on a Live ...
'') and some other narrow categories, many of which are similarly well-known and well-cited notable cases.
Facts
Walford House was primarily a house but partly the building was a small cottage. When the small cottage was sold, as a sale of part, and as freehold land, the owner of the main house (vendor) covenanted to keep the whole roof in repair. The roof fell into disrepair and the cottage owner wished to sue the vendor's successor in title to carry out the works (
specific performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...
) and/or for damages.
Judgment
Lord Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995.
Early life and career
Templeman was born on 3 March 1920, the son of Herbert ...
held that the covenant could not be enforced because the covenant was positive. His judgment said the following.
994
Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
2 AC 310, 317-321
He also rejected that the benefit and burden principle could be taken to its logical conclusion to enforce the carrying out of independent positive obligations.
Other legal arrangements
The judgement has no impact on the law of leases (which in the case of land automatically create
leasehold estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
s) nor on the law of
rentcharge
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents ...
s agreed by deed and registered against freehold land. Either of these can be used to provide means to enforce a broad range of positive covenants.
See also
*
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
*
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
*
English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
Notes
{{reflist, 2
References
*
Covenant (law)
English land case law
House of Lords cases
1994 in British law
1994 in case law