Reform of the law of covenants

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Date
2007-01
Authors
Mee, John
Murphy, Alan
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Publisher
Sweet & Maxwell/Round Hall
Published Version
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Abstract
Examines proposals relating to freehold covenants contained in the Irish Land and Conveyancing Law Report Bill 2006 ss.46-48, including abolition of the rules of common law and equity on enforceability of covenants. Identifies potential problems with the proposals, focusing on issues relating to: (1) the omission of covenants which affect leasehold land; (2) whether the proposal to allow the burden of positive covenants to pass to successors in title will apply to schemes of development; (3) the class of person against whom covenants would be enforceable; and (4) priority and registered land. Legislation Cited: Land and Conveyancing Law Reform Bill 2006 s.46, s.47, s.48 (Ireland)
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Keywords
Covenants , Enforcement , Ireland , Leaseholds , Prior rights , Registered land
Citation
Mee, J. and Murphy, A. (2007) 'Reform of the Law of Covenants', Conveyancing and Property Law Journal, 12(4), pp. 100-108
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Copyright
© 2007. This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancing and Property Law Journal following peer review. The definitive published version [Mee, J. and Murphy, A. (2007) 'Reform of the Law of Covenants', Conveyancing and Property Law Journal, 12(4), pp. 100-108] is available online on Westlaw IE