Scamell and Gasztowicz on Land Covenants

Steven Gasztowicz KC specialises in property matters, town and country planning, public law, and commercial and other claims. He advises and represents clients ranging from major companies and public authorities to private individuals. He appears before all courts, ranging from the Supreme Court and Court of Appeal to the county court and tribunals. He has experience in particular in the following areas: Property: restrictive and other land covenants, rights of way, adverse possession, constructive trusts and proprietary estoppel, highways, drainage law, nuisance claims, and commercial landlord and tenant; Planning: inquiries, including local plan inquiries, enforcement proceedings, appeals, s106 obligations, ancillary rights, injunctions, and all other planning and planning-related matters; Public law: statutory powers, judicial review, and statutory appeals; Commercial and other claims: contract, breach of statutory duty, misrepresentation, company law, and negligence matters, including professional negligence claims against surveyors, solicitors and others. He also sits as a Recorder, dealing with civil and specialist chancery matters, and also with criminal cases and appeals. His breadth of knowledge means he understands issues crossing a number of different fields, all of which can inter-connect with particular aspects of property law.

CONTENTS
Preface
Table of Statutes
Table of Statutory Instruments
Table of Cases
Introduction: Covenants generally
Part I Restrictive covenants
1. Meaning of ‘restrictive covenant’ (including general consideration of requirements for transmissibility)
2. The benefit of the restrictive covenant
3. 1: Original covenantees
4. 2: Covenant beneficiaries
5. 3: Subsequent owners and occupiers of land benefited by the restrictive covenant as competent claimants: overview
6. Subsequent owners and occupiers of benefited land where there is annexation
7. Competent claimants express assignment
8. Competent claimants: building schemes
9. The running of the burden of restrictive covenants
10. Restrictive covenants and public law
11. The construction of restrictive covenants
12. Restrictive covenants and competition law
13. Remedies for breach of a restrictive covenant
14. Freeing the title from unenforceable restrictive covenants
15. Extinguishment, discharge and modification of restrictive covenants
16. The modification and discharge of restrictive covenants and agreements by the Upper Tribunal (Lands Chamber) pursuant to section 84(1) of the Law of Property Act 1925
17. The scope of the Upper Tribunal’s powers under section 84(1) of the Law of Property Act 1925
18. The four alternative grounds giving rise to the Upper Tribunal’s powers
19. The grounds giving rise to the Upper Tribunal’s powers: paragraph (a)
20. Section 84(1) of the Law of Property Act 1925: paragraph (aa)
21. Section 84(1) of the Law of Property Act 1925: paragraph (b)
22. Section 84(1) of the Law of Property Act 1925: paragraph (c)
23. The power of the Upper Tribunal to award compensation
24. Procedure on an application to the Upper Tribunal under section 84(1) of the Law of Property Act 1925
Part II Positive covenants and negative covenants which are not restrictive covenants
25. Meaning of ‘positive covenants’ and of ‘negative covenants which are not restrictive covenants’ and frequency of use
26. Persons able to claim the benefit of positive covenants: (I) Original covenantees
27. Persons able to claim the benefit of positive covenants: (II) Subsequent owners and occupiers of the benefited land
28. The burden of positive covenants
29. Methods of securing the indirect running of the burden of a positive covenant
30. Remedies for breach of positive covenants
31. Covenants and commonhold
Part III Planning obligations relating to land
32. Planning obligations
Part IV Reform
33. Reform of the law relating to restrictive covenants: Law Commission proposals
Appendices
Appendix 1 Section 84 of the Law of Property Act 1925
Appendix 2 Practice Statement
Appendix 3 Practice Statement
Appendix 4 Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010
Appendix 5 Practice Directions
Appendix 6 Upper Tribunal (Lands Chamber) Forms T379–T382
Appendix 7 Sections 106–106C of the Town and Country Planning Act 1990
Index