Restrictive covenants and their enforceability cause many problems for the practitioner. In addition, the enforceability of overage clauses is causing increasing difficulty and there have been some major recent cases in this area. This seminar looks at some of the problem areas.
The topics covered include:
• Enforceability of positive covenants ;
• Problems with flying freeholds;
• Passing of benefits and burden of covenants;
• Registration and searches ;
• Discharge by the Lands Tribunal;
• Enforceability of overage;
• Ransom strips;
• Overage charges;
• Enforceability of overage in a downward market;
• Enforceability of Local Authority covenants in the light of Graham v Easington District Council.
Speaker: Richard Snape
Richard was formerly a full-time lecturer of Law at the University of West of England (UWE) since 1987. He became head of property law on the Degree and CPE courses in 1989 and remained in that position until he joined Davitt Jones Bould as a consultant in 2002. He has written extensively on property related matters notably in the Conveyancer and the New Law Journal and has been a regular contributor on continuing professional development courses since 1991. His areas of specialism include Landlord and Tenant and in particular the 1954 Act, assignment and sub letting, real property and commercial property.
|