Conveyancing: Overage, restrictive covenants

Trowers & Hamlins LLP | Property Law Journal | July 2013 #313
Laurence Target considers the devices used to ensure that a seller benefits from any future increases in the value of its land ‘Using modern approaches, we could say that to be enforceable a covenant must preserve the value or protect the amenity of the land it purports to benefit.’ A seller of land may want …

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Contractual Formalities: Section 2 of the 1989 Act in the spotlight

Shepherd and Wedderburn LLP | Property Law Journal | March 2012 #286
Kathleen Fitzgerald looks at two cases where the courts stuck to a rigorous application of the provisions of s2 ‘The need for formality means that negotiations to transact with land will not bind the parties before they are ready to commit fully to what is agreed between them.’ It is perhaps unsurprising in the current …

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