Pub Date : 2020-05-27DOI: 10.1093/he/9780198810995.003.0013
E. Lees
This chapter assesses the law relating to freehold covenants. Freehold covenants are, at their heart, voluntary agreements entered into by one freehold owner with another person, according to which he promises to behave in a particular way in relation to his land. Strictly speaking, a ‘covenant’ is a promise made by deed. There are two types of freehold covenant: positive covenants and negative covenants. A negative covenant is one by which the covenantor agrees not to use his land in a particular way. Positive covenants, by contrast, require that the promisor ‘put his hand in his pocket’ and pay money to achieve a certain end. The chapter then explains how freehold covenants are created and interpreted. It also considers the different routes by which the benefit and burden of these rights attaches to land, and how this affects successors in title. Moreover, the chapter examines the rules relating to positive covenants and the limited ability of such rights to bind successors in title, as well as the power of the court to modify or discharge restrictive covenants.
{"title":"13. Freehold Covenants","authors":"E. Lees","doi":"10.1093/he/9780198810995.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198810995.003.0013","url":null,"abstract":"This chapter assesses the law relating to freehold covenants. Freehold covenants are, at their heart, voluntary agreements entered into by one freehold owner with another person, according to which he promises to behave in a particular way in relation to his land. Strictly speaking, a ‘covenant’ is a promise made by deed. There are two types of freehold covenant: positive covenants and negative covenants. A negative covenant is one by which the covenantor agrees not to use his land in a particular way. Positive covenants, by contrast, require that the promisor ‘put his hand in his pocket’ and pay money to achieve a certain end. The chapter then explains how freehold covenants are created and interpreted. It also considers the different routes by which the benefit and burden of these rights attaches to land, and how this affects successors in title. Moreover, the chapter examines the rules relating to positive covenants and the limited ability of such rights to bind successors in title, as well as the power of the court to modify or discharge restrictive covenants.","PeriodicalId":340642,"journal":{"name":"The Principles of Land Law","volume":"601 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123177813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-27DOI: 10.1093/he/9780198810995.003.0011
E. Lees
This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.
{"title":"11. Mortgages","authors":"E. Lees","doi":"10.1093/he/9780198810995.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198810995.003.0011","url":null,"abstract":"This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.","PeriodicalId":340642,"journal":{"name":"The Principles of Land Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129660408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-27DOI: 10.1093/he/9780198810995.003.0018
Emma Lees
This chapter discusses two torts relevant to the operation of rights in land: trespass and nuisance. Trespass to land is the unlawful interference with or incursion on another's possession of land. It is not a tort which protects ownership; its operation is relative. Thus, a trespasser can themselves sue a subsequent trespasser on the basis of this tort, if the first trespasser has gone into possession of the land. Trespass in this sense is a tort against possession of land. Unlike trespass, however, the law relating to nuisance is complex and even incoherent. In its absolute basic terms, nuisance is the tort of interference with another's reasonable use or enjoyment of their land, usually as a result of an unreasonable use of neighbouring land. The chapter then assesses the relationship between these torts and rights in land. It also explores the remedies which are available in response to such tortious actions.
{"title":"18. Torts","authors":"Emma Lees","doi":"10.1093/he/9780198810995.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198810995.003.0018","url":null,"abstract":"This chapter discusses two torts relevant to the operation of rights in land: trespass and nuisance. Trespass to land is the unlawful interference with or incursion on another's possession of land. It is not a tort which protects ownership; its operation is relative. Thus, a trespasser can themselves sue a subsequent trespasser on the basis of this tort, if the first trespasser has gone into possession of the land. Trespass in this sense is a tort against possession of land. Unlike trespass, however, the law relating to nuisance is complex and even incoherent. In its absolute basic terms, nuisance is the tort of interference with another's reasonable use or enjoyment of their land, usually as a result of an unreasonable use of neighbouring land. The chapter then assesses the relationship between these torts and rights in land. It also explores the remedies which are available in response to such tortious actions.","PeriodicalId":340642,"journal":{"name":"The Principles of Land Law","volume":"77 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116401321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：