Consenting adults

Does the buyer still have to ask the original covenantee, or should they instead be asking the new owner? Since a restrictive covenant runs with the land, it is enforceable by and against the current owners of the dominant land and the servient land. [...]the absence of reference to successors in th...

Full description

Saved in:
Bibliographic Details
Published in:The Estates Gazette 2018-09, p.68-69
Main Author: Chandler, Bill
Format: Magazinearticle
Language:English
Subjects:
Commercial real estate
Consent
Restrictive covenants
State court decisions
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:Does the buyer still have to ask the original covenantee, or should they instead be asking the new owner? Since a restrictive covenant runs with the land, it is enforceable by and against the current owners of the dominant land and the servient land. [...]the absence of reference to successors in the consent provision was assumed to be deliberate, so that consent was required from the original covenantee. Interestingly, in the quite different context of marine insurance, Flaux J noted in Starlight Shipping Company v Allianz Marine and Aviation Versicherungs AG [2014] EWHC 3068 (Comm) that the "rigid" approach to interpretation in City Inn (Jersey) was the "antithesis" of the holistic approach propounded by the Supreme Court in Rainy Sky v Kookmin Bank [2011] UKSC 50 and he doubted whether City Inn (Jersey) can still be regarded as good law.
ISSN:0014-1240
2059-5123