What reforms would you propose to the law governing the methods by which the benefit and burden of freehold covenants may be passed to successors in title of the land belonging to the original parties?

ESSAY ON FREEHOLD COVENANT

Sample questions

1. ‘Section 78 of the Law of Property Act 1925 has been interpreted so as to provide a satisfactory solution that effectively sidesteps the technicalities that otherwise surround passing the benefit of freehold covenants. It is regrettable that the law has not found an equally neat and efficient solution to facilitate the passing of the burden of positive covenants.’ Discuss.
2. What reforms would you propose to the law governing the methods by which the benefit and burden of freehold covenants may be passed to successors in title of the land belonging to the original parties?
3. What reforms would you propose to the law governing: (a) the ways in which a beneficial joint tenancy can be severed; and (b) the court’s jurisdiction to determine disputes about whether co-owned land should be sold?