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Covenants affecting land a practical guide

By: Language: English Publication details: Coventry RICS 2008Description: xvi, 254p. ill. 224cmISBN:
  • 9781842194096
Subject(s): LOC classification:
  • 346.410435 $2 18
Partial contents:
List of Acts, Statutory Instruments and abbreviations -- Table of cases -- Introduction What is a covenant? -- What types of covenant are there? -- Who can claim the benefit of a covenant? -- Who is burdened? -- Who can claim the benefit of a negative covenant? -- Who is burdened by a negative covenant? -- What planning obligations can a local planning authority impose? -- What remedies are available for breach of a restrictive covenant? -- What is the procedure for progressing a claim in the High Court or County Court? -- What are the costs rules in the High Court and County Court? -- Can negative covenants be discharged or modified against the wishes of the covenantee? -- Can planning covenants and obligations be discharged or modified?-- What is the procedure for progressing a claim in the Lands Tribunal? -- What are the costs rules in the Lands Tribunal? -- Is there an alternative to litigation? -- Appendices
Summary: Explains the nature of covenants affecting land and the different types of covenant. Seeks to help the reader answer two key questions: are the covenants affecting a site enforceable? If so, is there a way of getting rid of them? Provides essential information for surveyors or lawyers acting for local residents who wish to oppose an application to the Lands Tribunal to discharge or modify negative covenants on a developer's site. Explains the relevant procedures and how much they will cost. Uses flow charts to explain key processes and case law to illustrate key points and help the reader understand how the theory works in practice. Includes cases summaries, specimen forms and summary of the relevant legislation.
Holdings
Item type Current library Call number Copy number Status Barcode
Archive London RICS Boxes RICS 2008/32 (Browse shelf(Opens below)) 1 Available 30074846
Reference material London RICS Boxes RICS 2008/32 (Browse shelf(Opens below)) 2 Available 30074847
Book London RICS Boxes RICS 2008/32 (Browse shelf(Opens below)) 3 Available 30074848

List of Acts, Statutory Instruments and abbreviations -- Table of cases -- Introduction What is a covenant? -- What types of covenant are there? -- Who can claim the benefit of a covenant? -- Who is burdened? -- Who can claim the benefit of a negative covenant? -- Who is burdened by a negative covenant? -- What planning obligations can a local planning authority impose? -- What remedies are available for breach of a restrictive covenant? -- What is the procedure for progressing a claim in the High Court or County Court? -- What are the costs rules in the High Court and County Court? -- Can negative covenants be discharged or modified against the wishes of the covenantee? -- Can planning covenants and obligations be discharged or modified?-- What is the procedure for progressing a claim in the Lands Tribunal? -- What are the costs rules in the Lands Tribunal? -- Is there an alternative to litigation? -- Appendices

Explains the nature of covenants affecting land and the different types of covenant. Seeks to help the reader answer two key questions: are the covenants affecting a site enforceable? If so, is there a way of getting rid of them? Provides essential information for surveyors or lawyers acting for local residents who wish to oppose an application to the Lands Tribunal to discharge or modify negative covenants on a developer's site. Explains the relevant procedures and how much they will cost. Uses flow charts to explain key processes and case law to illustrate key points and help the reader understand how the theory works in practice. Includes cases summaries, specimen forms and summary of the relevant legislation.