Anyone help with a legal term ?

[Kashul]

HI All

 

I need an explanation for a legal term - proving entitlement to the benefit of the covenant

 

This is in regards to a land convenant and we really don't get what this phrase means.

 

If anyone could advise I would be very grateful - Thanks x:help::help:

[Super Hans]

Do you know what the actual covenant is?

[geared]

Something to do with Nuns?

[Kashul]

Geared hon this isnt funny it is someones home we are talking about !

 

The covenant is a restricted one on a small piece of land that was sold to the previous owner to allow access to the property by car. It is a former school - The covenant also states it must remain a single dwelling - Completely impractical given it is a former junior school.

 

---------- Post added 11-06-2013 at 13:31 ----------

 

Just need to know what that term means in law so we can answer it, we only have 14 days from today. eeeekkk

[Moosey]

I suspect that it's part of a longer term which would be useful, but the restrictive covenant to which you refer has a benefit, which appears to be access. Proving entitlement could mean a couple of things, depending on context in the whole sentence. Entitlement to that benefit (access) is the issue.

 

Passing of restrictive covenants on sale is a tricky issue so I'd suggest a quick call to a property lawyer (I'm civil, so just working on my distant memory of land law!).

 

Jeffrey Shaw on here is a land lawyer I believe. He might perhaps be able to assist.

[lil-minx92]

A covenant is usually an obligation to do, or not do something relating to your land. Some party at some point with an interest in the land to which the covenant relates derived some benefit from inserting that covenant into the land title. This benefit remains with the land even in the case that it might since have been sold on. But if the land no longer derives any benefit from the covenant it is sometimes possible to get the covenant removed. No doubt our resident solicitor friend can advise better

[mike84]

Do you have any legal advice cover with your home insurance? You may be able to get some free advice from them, or if you are in a trade union you can generally get free legal advice through them as well.

[L00b]

I need an explanation for a legal term - proving entitlement to the benefit of the covenant

I am not a property law specialist, and am sure Jeffrey Shaw on here could explain far better than my attempt...but here goes for the time being, and happy to stand corrected of course:

 

the covenant is a contractual promise;

the benefit of the covenant is whatever the promisee gets from it (being kept/enforce/etc.);

entitlement to that benefit is the 'ownership' of that benefit; and

proving that entitlement will expectedly involve proving who is entitled.

 

EDIT - based on this

restricted one on a small piece of land that was sold to the previous owner to allow access to the property by car

my take on it is as follows:

 

the covenant was a contractual promise by the owner of that small piece of land to the 'previous owner', sold for consideration (money), to allow car access over that land;

 

the benefit of the covenant is driving the car over the land (without trespassing, technically);

 

the party entitled to the benefit was the 'previous owner' and *might* now be you (assuming you have bought that 'previous owner' 's property but not that small piece of land); and

 

proving that entitlement may involve digging up the contract between the 'previous owner' and the owner of that small-piece-of-land (but, still following the above assumption, that *might* not prove your own entitlement to it, if the covenant was not transmissible and/or not included in the sale).

 

Better/more 'proper' advice is that you better see a property law specialist to look into this 'properly'.

[Kashul]

I have emailed Jeffrey, tried to ring him but went to answerphone. Home insurance is a great idea, well check that out !

 

Wouldnt mind but they verbally agreed to this and then hey pretos paper work came through full of objections - Lands Tribunal sentance is - The applicant must inform the

Tribunal within 14 days of

receipt of the objector’s

evidence whether or not the

applicant accepts the objector’s

entitlement to object.

If the applicant does not admit

the objector’s entitlement to

object go to Step 12.

If the applicant admits the

objector’s entitlement to object

go to Step 14.

 

Confused.com

[Jeffrey Shaw]

Jeffrey Shaw on here is a land lawyer I believe. He might perhaps be able to assist.

 

I am not a property law specialist, and am sure Jeffrey Shaw on here could explain far better than my attempt...

Here I am. Yes, 'entitlement' in this context refers to the owner whichever land (registered title) has the benefit of the covenant in question. To be enforceable as a legal obligation, a covenant must usually:

a. be created by deed;

b. benefit a defined area of land (pref. registered in its favour on its title); and

c. burden a defined area of land (registered against it on its title or as a Land Charge if title's not registered). Non-registration of the burden usually makes it unenforceable.