Covenants

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Lighter
Posts: 18
Joined: Thu May 03, 2018 3:01 pm

Covenants

Post by Lighter » Mon May 14, 2018 7:56 am

So do these two convents run together, the second supersedes the first?
1. The Purchaser and its successors in title will not (a) erect more than six houses to the acre on the Southern half of the land hereby conveyed nor more than seven houses to the acre on the Northern half of the said land.

However

IN consideration of the covenant and grant by the Covenantor hereinafter contained the Covenantee as Beneficial Owner HEREBY RELEASES the land comprised in the Conveyance (except such parts as have been conveyed as aforesaid) from the stipulations mentioned in the First Schedule hereto as may be inconsistent with the stipulations mentioned in the Second Schedule hereto to the intent that the Covenantor and its successors in title shall henceforth be bound by the stipulations mentioned in the Second Schedule hereto in like manner in all respects as if the Covenantor had in the Conveyance entered into a covenant imposing the stipulations mentioned in the Second Schedule hereto in place of the stipulations mentioned in the First Schedule hereto.

In consideration of the release aforesaid the Covenantor HEREBY COVENANTS with the Covenantee for the benefit and protection of the land of the Covenantee as aforesaid and so as to bind the land comprised in the Conveyance (except such parts as have been conveyed as aforesaid) that the Covenantor and its successors in title will observe and perform the stipulations mentioned in the Second Schedule hereto PROVIDED that the Covenantor shall not be liable for any breach of this covenant occurring on or in respect of the land comprised in the Conveyance and now vested in the Covenantor or any part or parts thereof after the Covenantor shall have parted with all interest therein.

THE SECOND SCHEDULE above referred to

1. The Purchaser and its successors in title will not:

(a) Erect more than 127 houses or bungalows on the said land

And is it the individual plot holders who can rely on the ( covenants) or the developer who ?

Collaborate
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Re: Covenants

Post by Collaborate » Mon May 14, 2018 9:19 am

There's not enough information in your post.

What are the dates of the two deeds?

Are the parties to the deeds the relevant owners of the properties at the time?
the land comprised in the Conveyance
What land is this? What conveyance is this?
except such parts as have been conveyed as aforesaid


What parts have been conveyed, as aforesaid?
in the First Schedule
What is in the First Schedule?
And is it the individual plot holders who can rely on the ( covenants) or the developer
It is the owner of the land owned by the original covenantee who might be able to enforce. There will normally be in the original conveyance a form of words showing what land the covenant benefits. If it does not attach to land then only the original covenantee can enforce.

Having said that, however, it looks like the original covenant has been superseded by the new one in so far as restrictions on numbers of houses are concerned.

Lighter
Posts: 18
Joined: Thu May 03, 2018 3:01 pm

Re: Covenants

Post by Lighter » Sun May 20, 2018 9:35 pm

Thank you collaborator. Have worked my way through to end up with what the developer and the previous buyer to me agreed

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