Restrictive Covenant Enforcement Guide

Summary

When enforcing a restrictive covenant in equity in England, it is crucial to determine if the covenant is intended to run with the land, if the benefit touches and concerns the land, and if the successor has notice. These rules apply whether the parties are successors or if one is the original covenantee.

Full Conversation

what if they are both successors in title?
Yes, even if both parties are successors in title, the enforcement of a restrictive covenant in equity still requires:
- Intended to Run with the Land: The covenant must be intended to run with the land.
- Benefit Touches and Concerns the Land: The benefit must touch and concern the land.
- Notice: The successor must have notice of the covenant.
Do you need more detailed information on how to proceed with enforcing or challenging a restrictive covenant?
would it be the same rules applying if the covenantor was a successor but covenantee was original?
Yes, the same rules would apply if the covenantor is a successor and the covenantee is the original party. The key points for enforcement in equity remain:
- Intended to Run with the Land: The covenant must be intended to run with the land.
- Benefit Touches and Concerns the Land: The benefit must touch and concern the land.
- Notice: The successor must have notice of the covenant.
Do you need more guidance on how to enforce a restrictive covenant in this scenario?