What is touch and concern in property law?
A covenant in a lease that inherently relates to the land or the manner it is used, or where it affects the landlord or tenant in their capacity as such under a lease.
What does touch and concern the land mean?
“Touch and Concern”: The status that a covenant has with regard to a particular parcel of land if the terms of the covenant call for actions or restrictions that are in regard to that parcel of land.
What is relaxed vertical privity?
Relaxed vertical privity is found between any two possessors. A neighbor of the owner of a piece of land is not in relaxed vertical privity with the predecessor of the owner. Also, an adverse possessor is usually deemed not to be in vertical privity with a predecessor.
What is strict vertical privity?
For example, a manufacturer and a distributor are in vertical privity. Those in vertical privity are jointly liable for product defects in the vertical chain. 2) The relationship between a party to a restrictive covenant and a person who later acquires the property burdened by the covenant from the party.
What is the rule in Tulk v Moxhay?
Tulk v Moxhay is a landmark English land law case that decided that in certain cases a restrictive covenant can “run with the land” (i.e. a future owner will be subject to the restriction) in equity. It is the reason Leicester Square exists today. None published. Court authorised Law Report issued.
What is privity in property law?
Also known as privity of title or privity in estate. In a real estate context, it is the legal relationship between parties whose estates constitute one estate in law. Privity of estate exists when two or more parties hold an interest in the same real property.
Do equitable servitudes have to be in writing?
An equitable servitude must be created by a writing, unless it is a negative equitable servitude that may be implied from a common scheme for the development of a residential subdivision, so long as landowners have notice of the agreement.
What does it mean when a covenant runs with the land?
A covenant can run with the land, meaning the covenant will exist regardless the transference of the land. The subsequent landowner will continue being burdened or benefited by the covenant.
What is horizontal privity of estate?
The relationship between the original parties to a covenant or equitable servitude.
What is the doctrine of equitable conversion?
Equitable conversion is the common law principle that holds that, once two parties have entered into an agreement for the sale of real property, the purchaser under the agreement is the owner-in-equity of the land, and the seller is deemed to hold legal title only as security for the payment of the purchase price.
What is the austerberry rule?
The rule that the burden of positive covenants does not run in equity is commonly referred to as the “Austerberry rule” after the case of Austerberry v Oldham Corp,15 in which the rule was affirmed.
Who is the Covenantor and the Covenantee?
The covenantor is the landowner making the promise (the person burdened by the promise, Party B in the example) The covenantee is the landowner to whom the promise is made (the person with the benefit of the promise, Party A in the example) The dominant land is the land of the covenantee.