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Freehold Covenants – Introduction
Freehold covenants are essentially contractual agreements between landowners, wherein they commit to either perform certain actions on the land, such as garden maintenance, or refrain from certain activities, such as constructing more structures. Covenants may be easily distinguished from easements due to two main factors. Firstly, covenants must be established through a written instrument. Secondly, the specific terminology used in the document helps to clearly identify them.
Identifying the enforceability of a covenant can be challenging, especially when there is a change in land ownership. Freehold covenants possess characteristics of both a contract and a property right. It is necessary to take into account both the legal and equitable aspects while assessing the enforceability of covenants.
Freehold covenants are essentially contractual agreements between landowners, wherein they commit to either perform certain actions on the land, such as garden maintenance, or refrain from certain activities, such as constructing more structures. Covenants may be easily distinguished from easements due to two main factors. Firstly, covenants must be established through a written instrument. Secondly, the specific terminology used in the document helps to clearly identify them.
Identifying the enforceability of a covenant can be challenging, especially when there is a change in land ownership. Freehold covenants possess characteristics of both a contract and a property right. It is necessary to take into account both the legal and equitable aspects while assessing the enforceability of covenants.
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