Dating covant

The rules which dictate whether the benefit and burden run differ depending on whether the covenant is positive or negative.

Not all covenants are intended to benefit future owners, some are purely personal.Covenants are usually contained in the same document that transfers ownership of a property from a seller to a buyer, so a TR1/TR2 (transfer of whole) or a TP1/TP2 (transfer of part) or prior to these forms becoming compulsory, a conveyance or transfer.Typically they will be imposed by the developer when a property is built or by a seller who is selling part of his land and retaining the remainder but can be imposed at any time.Conversely, a covenant to use the property only as a residential dwelling is actually a restrictive covenant not to use the property for any other purpose than a residential dwelling.It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative.

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