Can Feng Enforce Covenants Against Toby?

Question from yim, Can Feng Enforce Covenants Against Toby?

Answer from AI:

Introduction

In property law, covenants are promises written into deeds that dictate certain actions or restrictions on the use of the property. When Trixie sold the cottage to Flora in 2015, several covenants were included in the transfer. These covenants were intended to maintain the property and its surroundings. When Flora sold the cottage to Toby, these covenants were passed on to him. Now, Feng, the new owner of Hyland House, is facing issues with Toby’s compliance with these covenants. This guide will explore whether Feng can enforce these covenants against Toby, considering the legal principles of covenant enforcement in the UK.

Covenant 1: Contribution to Main Trackway Maintenance

Issue: Toby is refusing to contribute to the maintenance costs of the main trackway.

Rule: In the UK, covenants can be either positive (requiring action) or negative (restricting action). Positive covenants, like contributing to maintenance costs, generally do not run with the land, meaning they do not automatically bind subsequent owners unless explicitly agreed upon.

Application: Since the covenant to pay for maintenance is a positive one, it typically does not bind Toby unless he explicitly agreed to it when purchasing the property. If the covenant was registered as a burden on the land, it might be enforceable. However, if it was not, Feng may have difficulty enforcing it against Toby.

Conclusion: Feng may need to check the property records to see if the covenant was registered. If not, enforcing this covenant against Toby could be challenging. Legal advice may be necessary to explore potential enforcement options.

Covenant 2: Clearing Ditches and Dykes

Issue: Toby is not contributing to the cost of clearing ditches and dykes.

Rule: Similar to the first covenant, this is a positive covenant. The enforceability of such covenants depends on whether they were registered and agreed upon by subsequent owners.

Application: If the covenant was registered as a burden on the land, Feng might have a case to enforce it. However, if it was not, Toby may not be legally obligated to comply. The original agreement between Trixie and Flora would need to be examined to determine if it was intended to bind successors.

Conclusion: Feng should verify the registration status of this covenant. If it is not registered, enforcing it may require legal intervention. Consulting a legal professional is advisable.

Covenant 3: Use as a Single Private Residence

Issue: Toby is using the cottage for business purposes, which may breach the covenant.

Rule: Restrictive covenants, like using the property only as a single private residence, generally run with the land and bind subsequent owners if they are properly registered.

Application: If this covenant was registered, Feng could potentially enforce it against Toby. The use of the property for business purposes, such as fixing cars and selling parts, likely breaches this covenant. Feng may have grounds to seek enforcement through legal channels.

Conclusion: Feng should confirm the registration of this covenant. If registered, he may have a strong case to enforce it. Legal advice would be beneficial to pursue enforcement.

Covenant 4: Boundary Fence Maintenance

Issue: The boundary fence is in disrepair, and Toby is not maintaining it.

Rule: Positive covenants, like maintaining a fence, do not typically run with the land unless explicitly agreed upon by subsequent owners.

Application: If Toby did not agree to this covenant when purchasing the property, he might not be legally obligated to maintain the fence. The original agreement and any registration details would need to be reviewed.

Conclusion: Feng should investigate whether this covenant was registered. If not, enforcing it may be difficult. Legal advice is recommended to explore options.

Remedies

If Feng finds that the covenants are enforceable, he may consider the following remedies:

1. Injunction: Feng could seek a court order to stop Toby from breaching the covenants, such as using the property for business purposes.
2. Damages: Feng might claim damages for any financial loss resulting from Toby’s breach of the covenants.
3. Specific Performance: In some cases, a court may order Toby to comply with the covenants, such as maintaining the fence.

Feng should consult with a legal professional to determine the best course of action based on the specific circumstances and the enforceability of the covenants.

Conclusion

The enforceability of covenants depends on their nature (positive or negative) and whether they were properly registered. Feng’s ability to enforce these covenants against Toby will largely depend on these factors. Given the complexity of property law and the potential for legal disputes, it is advisable for Feng to seek legal advice to explore his options and determine the best way to address the issues with Toby. For more information on property covenants, you can refer to the UK Government’s guide on [property ownership and covenants](https://www.gov.uk/guidance/covenants-and-restrictions-on-land-use).