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Restrictive Covenants and Freehold Land: A Practitioner's Guide (Third Edition)
This is an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land in the UK. A complex topic is made intelligible by the book's easily understood text, complemented by flowcharts and checklists. This will enable an adviser to solve problems quickly and accurately. The third edition has...
This is an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land in the UK. A complex topic is made intelligible by the book's easily understood text, complemented by flowcharts and checklists. This will enable an adviser to solve problems quickly and accurately. The third edition has been fully revised and enlarged within the existing framework. Recent important UK cases considered include: City Inns v Ten Trinity Square, Graham v Easington District Council, Winter v Traditional & Contemporary Contracts, Shephard v Turner, and Field Common v Elmbridge Borough Council. Changes effected by the Planning Act 2008 to the power to override covenants, and the new regime in the Lands Tribunal under the Courts Tribunals and Enforcement Act 2007, are examined in full. The book considers all the key issues affecting restrictive covenants in the UK, including how to: draft restrictive covenants â understand the meaning of the words used in them and how to advise on their validity and enforceability, with consideration of declaratory claims â enforce covenants by injunctions, or by damages â spot the special rules which apply to statutory authorities when imposing, overriding, or enforcing restrictive covenants â deal with applications to discharge, or modify covenants in the Lands Tribunal â” with summaries of most of the decisions in this jurisdiction within the past three decades and earlier â arrange restrictive covenant indemnity policies.
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