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Freehold covenants: the burden of a positive covenant does not run

In 2012 Ivy sold part of her registered freehold land to Ben. In the transfer Ivy covenanted, for herself and her successors in title, to maintain the boundary fence between the two plots. In 2020 Ivy sold her retained land to Carl. Carl claims no right or benefit under the 2012 transfer. The fence has now collapsed, and Carl refuses to repair it. Ben wants to sue Carl.

Which of the following best describes whether Ben can enforce the covenant against Carl?

Choose one answer to see the reasoning.

  1. Land Law · FLK2No. L174

    Burden of a restrictive freehold covenant runs in equity (Tulk v Moxhay)

    Which of the following best describes whether Ruth can enforce the covenant against Brightside?

  2. Land Law · FLK2No. 39

    Legal leases of seven years or less as overriding interests (LRA 2002 Sch 3 para 1)

    Which of the following best describes whether Callum is bound by Amara's lease?

  3. Land Law · FLK2No. 25

    Overreaching on payment to two trustees and a beneficiary in actual occupation (LPA 1925 ss.2 and 27; City of London BS v Flegg)

    Which of the following best describes Margaret's position against the bank?