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Freehold Restrictive Covenants: Tips and Pitfalls for Conveyancers

Article contributed by Christopher Heather KC   Introduction    1. This article looks at how to avoid two common problems arising in conveyances of freehold titles where covenants are imposed.    Overview    2. The rules as to transmission of freehold restrictive covenants are complicated because of the way that law, equity, and statute have interacted over the past 175 years. This is not the place to analyse that history. If a concise summary of the principles is required, the…

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