Introduction
As identified by the Law Commission, one of the key problems with the law of freehold covenants is that ‘whereas the benefit of a positive covenant can run at law, the burden of a positive covenant does not run so as to bind successors in title’. Despite the fact that this principle is one of the relatively comprehensible principles of the contemporary land law, in this particular case it requires additional analysis. In particular, the purpose of this research is to analyze the second part of this statement, to identify the main issues emanating from it, focusing on the ...
