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This page contains details of a few points that are relevant to the “burden” of restrictive covenants. Unless the person who is seeking to breach of the restrictive covenant is in fact subject to the burden of the covenant it will not be possible to take action against him. Section 79 of the LPA 1925 contains a word saving provision where the covenant was made on or after 1 January 1926: “(1) A covenant relating to any land of a…

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