🔒 Understanding How Covenant Benefits and Burdens Transfer in Property Law

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

Freehold covenants create enduring legal promises attached to land that persist through changes in ownership, with this episode explaining how these covenant benefits transfer between parties and attach to land.
• Three ways covenant benefits can pass personally: Section 56 of Law of Property Act, Contract Rights of Third Parties, and assignment
• Legal assignments require writing and notice to the original covenantor
• Equitable assignments follow Miles and Easter principles with four key requirements
• For benefits to run with land at common law, covenants must "touch and concern" land, be intended to run, and involve legal estates
• Section 78 creates statutory annexation, automatically attaching benefits to land unless expressly excluded
• Building schemes enable mutual enforceability between purchasers in developments
• Both benefit and burden must be established for successful covenant enforcement
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Understanding How Covenant Benefits and Burdens Transfer in Property Law (00:00:00)

2. Introduction to Freehold Covenants (00:00:10)

3. Passing Benefit Personally (00:01:30)

4. Legal and Equitable Assignment (00:03:32)

5. Running with the Land at Common Law (00:05:54)

6. Equity and Annexation (00:10:22)

7. Building Schemes and Mutual Enforceability (00:13:51)