What is a section 84?
What is a section 84?
Section 84 of the Law of Property Act 1925 deals with the possibility of the discharge or modification of restrictive covenants. It can apply either to the covenants imposed by one piece of freehold land on another piece of freehold land or restrictive covenants in a long lease.
What does LPA 1925 stand for?
Law of Property Act 1925
Of these statutes, the LPA 1925 primarily consolidates and reforms statutory law relating to conveyancing and the law of property, and is regarded as an “essential part of any conveyancer’s bible”. …
Are old restrictive covenants enforceable?
The age of a covenant doesn’t necessarily affect its validity. Very old ones can still be enforceable, though often this isn’t straightforward. If you breach a covenant you can be made to undo it or pay a fee for it, says Rudolf.
Why was the LPA 1925 passed?
The Law of Property Act (LPA) 1925 was introduced with a batch of other legislation and was intended to modernise the law and render “the sale of land as rapid and as simple as the sale of goods”; and to simplify conveyancing and facilitate the alienability of the land, with the pinnacle [being] the successful …
How do you modify a restrictive covenant?
Steps to Recording a Restrictive Covenant Modification: Locate and strike out any unlawfully restrictive language. Complete and print the Restrictive Covenant Modification form. Note that the form must include an acknowledgment executed by a notary public or other qualified officer.
What is the rule in Tulk v Moxhay?
Tulk v Moxhay is a landmark English land law case that decided that in certain cases a restrictive covenant can “run with the land” (i.e. a future owner will be subject to the restriction) in equity. It is the reason Leicester Square exists today.
What is the rule in Milroy v Lord?
Milroy v Lord [1862] EWHC J78 is an English trusts law case that held trusts should not be used to save gifts from being defeated. It purported to follow one of the maxims of equity that “Equity will not assist a volunteer”.
What is Section 62 of the Law of Property Act 1925?
The governing statute is Section 62 Law of Property Act 1925, which provides that a sale of land shall be deemed to include and shall convey with the land all ways, watercourses, privileges, easements, rights and advantages whatsoever and which: appertain to the land or any part of it or are claimed to do so; or.
What happens if you ignore a restrictive covenant?
Ignoring a restrictive covenant If you choose to ignore a restrictive covenant, you could potentially face a claim in damages for the breach in addition to any injunctions granted.
What happens if you break a restrictive covenant?
What happens if I breach a restrictive covenant? If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.
What is the Law of Property Act 1925 How did it reform land law?
The Law of Property Act 1925 was all about making it easier to buy, sell and otherwise transfer land and property from one person to another. It’s best known for having introduced many of the core principles of conveyancing, and remains at the heart of modern property transfer processes.
What happens if you ignore a covenant?