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Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants PDF Author: Steven Gasztowicz KC
Publisher: Bloomsbury Publishing
ISBN: 1784515426
Category : Law
Languages : en
Pages : 1035

Book Description
Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers. A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative. Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.

Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants PDF Author: Steven Gasztowicz KC
Publisher: Bloomsbury Publishing
ISBN: 1784515426
Category : Law
Languages : en
Pages : 1035

Book Description
Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers. A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative. Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.

Land Covennants

Land Covennants PDF Author: Ernest Scamell
Publisher: MICHIE
ISBN: 9780406081513
Category : Real covenants
Languages : en
Pages : 764

Book Description
Covering restrictive and positive covenants and implied covenants for title, this major book provides full coverage of the legal effect and enforceability of covenants, with practical guidance on procedure in court and Lands Tribunal proceedings. It clearly sets out the rules and interprets the law in the context of current practice, with reference to the relevant judgments from the courts and the Lands Tribunal. It includes the Lands Tribunal Rules 1996 and examines implied covenants deriving from the Law of Property (Miscellaneous Provisions) Act 1995.

Preston and Newsom: Restrictive Covenants Affecting Freehold Land

Preston and Newsom: Restrictive Covenants Affecting Freehold Land PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages :

Book Description


The Restrictive Covenant in the Control of Land Use

The Restrictive Covenant in the Control of Land Use PDF Author: Donald L. Sabey
Publisher: Routledge
ISBN: 9781138366183
Category : Land use
Languages : en
Pages : 215

Book Description
First published in 1999, this book breaks new ground by treating the restrictive covenant from the aspect of the control of land use. At its heart is a detailed account of the discharge or modification mechanism, a system of practical importance to professionals in law, planning and land management. This central component is furthered by an historical account of the development of the concept from Tulk v Moxhay (the seminal case of 1848) to the present and by an assessment of its future in a legal system dominated by planning and environmental control. It is a study of the way in which a particular equitable doctrine has grown from simple beginnings to become a tool of considerable practical importance, enabling it to meet changing social and economic needs. It charts the growth of a concept, wherein principles of private and public law come together in the fields of property and planning and gives some pointers to possible reform of the law and the future role of the restrictive covenant.

Private Land Use Arrangements

Private Land Use Arrangements PDF Author: Gerald Korngold
Publisher: Juris Publishing, Inc.
ISBN: 1578231876
Category : Law
Languages : en
Pages : 67

Book Description
Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (2nd Edition) is the most comprehensive and integrated treatment available on the interrelated areas of easements, covenant, and servitudes. The book provide answers to both practical and theoretical issues, and is an essential resource to lawyers and others working in this field. This second edition follows the successful first edition of the book which was hailed by practioners and academics. The first edition was cited as an authority over 25 times in the American Law Institute's Restatement of The Law Third, Property (Servitudes). The second edition utilizes the same organization and approach of the first edition, and covers new cases, emerging developments, and recent innovations. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes is an important addition to the field and an essential part of the real estate lawyer's library. Private Land Use is important for attorneys in a variety of situations. It provides guidance to transactional attorneys drafting documents such as easement agreements, REAs, covenants, declarations, deeds, and related documents, providing the underlying law and decisions that need to be reflected in documents. The book also includes specific drafting tips that should be included in documents, and is valuable to attorneys facilitating their clients' planning. Moreover, the book is essential for lawyers involved in litigation or dispute avoidance/resolution. It provides a comprehensive discussion of the law as well as competing approaches utilized by the courts, allowing practitioners to build arguments and assess the strength of their client's position. The book offers strategies for avoiding disputes and protecting clients' interests, as well as advice if a matter is litigated. Transactional lawyers, litigators, and academics will benefit from the book's careful examination of underlying policy issues and theory since these are pivotal for courts in determining when and how an easement, covenant, or servitude should be enforced.

Real Covenants and Other Interests which "run with Land"

Real Covenants and Other Interests which Author: Charles Edward Clark
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 376

Book Description


Preston & Newsom's Restrictive Covenants Affecting Freehold Land

Preston & Newsom's Restrictive Covenants Affecting Freehold Land PDF Author: Cecil Herbert Sansome Preston
Publisher: Sweet & Maxwell
ISBN: 9780421144200
Category : Real covenants
Languages : en
Pages : 328

Book Description


Preston and Newsom

Preston and Newsom PDF Author: George Lucian Newsom
Publisher:
ISBN: 9780421858107
Category : Real covenants
Languages : en
Pages : 613

Book Description
As statutes and regulations increasingly inhibit the rights of private landowners, the restrictive covenant has subtly emerged as one of the few remaining tools of property control available to the freeholder of land. * This edition discusses case law and its far-reaching effects on the jurisdiction of the Lands Tribunal, the modification or discharge of covenants and the compensation required * It also incorporates rent charge covenants and other use obligations, and the problems of consent and breach * Detailed chapters are included on procedure in Lands Tribunal applications

Restrictive Covenants Over Freehold Land

Restrictive Covenants Over Freehold Land PDF Author: Andrew Francis
Publisher:
ISBN: 9780421619609
Category : Covenants (Law)
Languages : en
Pages : 308

Book Description


Preston and Newsom's Restrictive Covenants Affecting Freehold Land

Preston and Newsom's Restrictive Covenants Affecting Freehold Land PDF Author: Cecil Herbert Sansome Preston
Publisher:
ISBN:
Category : Real covenants
Languages : en
Pages : 328

Book Description