In this episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the enforceability of positive covenants. Richard analyses the challenges posed by the enforceability of positive covenants in freehold land, exploring the associated issues. He also sheds light on potential solutions, including the role of deeds of covenant and commonhold.
Cases mentioned:
Austerberry v Corporation of Oldham (1885)
Rhone v Stephens [1994]
Roberts v Lawton [2016]
Halsall v Brizell [1957]
Wilkinson v Kerdene [2013]