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CELE SQE1 模拟练习

Examination Timing: 00H02M19S

Robert owns the freehold of two adjoining properties, 10 and 12 Maple Drive, both of which are served by a shared driveway. He transfers the freehold of 12 Maple Drive to John, a solicitor, and includes the following covenants in the transfer: (1) for the benefit of 10 Maple Drive, John will keep 12 Maple Drive in good repair and repaint it every five years; (2) John will not carry on any trade or business in 12 Maple Drive; (3) for the benefit of 10 Maple Drive, John will pay a proportion of the costs of the common private driveway serving the properties; (4) John will provide legal services to Robert free of charge until he ceases to practice as a solicitor. 


The shared driveway remains in Robert's ownership. Emma has purchased 10 Maple Drive from Robert. She has approached you for advice as to which covenants she can enforce against John. 


How would you advise Emma?

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Emma can enforce the first, second and third covenants against John. John remains liable under all of the covenants as he is the original covenantor. The benefit of the first, second and third covenants pass to Emma at common law because they touch and concern 10 Maple Drive, Robert held a legal estate in 10 Maple Drive at the time the covenants were granted, and Emma derives her title from Robert. The benefit of these covenants was intended to run with the land and benefit Robert's successors in title, as per section 78 of the Law of Property Act 1925. The fourth covenant, however, does not touch and concern 10 Maple Drive and is therefore personal to Robert, meaning Emma cannot enforce it. 


Key Point: For a covenant to be enforceable by a successor in title, it must touch and concern the land. This ensures that the covenant benefits the land itself and not just the individual owner. Section 78 of the Law of Property Act 1925 plays a critical role in determining whether the benefit of a covenant runs with the land.

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