A vicarious revolution
Turley, J.
A vicarious revolution - 2001 - Estates Gazette (0111) 17 March 2001, 169(1) .
In "Crane v Coal Authority" CA ruled that the Law of Property Act 1925 s79 has a wider implication than was previously thought. Describes the circumstances of the case. Traditionally, s79 was viewed as not making the burden of covenant run with the land. However, this ruling indicates that in giving a covenant in relation to his own land, an original contracting party is liable not only for its own breach of that covenant, but also for those of successors in title (e.g subsequent owners of the freehold). Also highlights other issues raised by the case.
LAW OF PROPERTY ACT 1925 S79
COVENANTS
LAND OWNERSHIP
BREACH OF COVENANT
SUCCESSORS IN TITLE
LIABILITY
LEASES
CRANE V COAL AUTHORITY
A vicarious revolution - 2001 - Estates Gazette (0111) 17 March 2001, 169(1) .
In "Crane v Coal Authority" CA ruled that the Law of Property Act 1925 s79 has a wider implication than was previously thought. Describes the circumstances of the case. Traditionally, s79 was viewed as not making the burden of covenant run with the land. However, this ruling indicates that in giving a covenant in relation to his own land, an original contracting party is liable not only for its own breach of that covenant, but also for those of successors in title (e.g subsequent owners of the freehold). Also highlights other issues raised by the case.
LAW OF PROPERTY ACT 1925 S79
COVENANTS
LAND OWNERSHIP
BREACH OF COVENANT
SUCCESSORS IN TITLE
LIABILITY
LEASES
CRANE V COAL AUTHORITY