What does that even mean?
My thought's are that i'm not sure how enforceable it is because:
(i) its not at all clear what you would actually have to do to comply; and
(ii) my (admittedly now somewhat hazy) recollection is that for covenants to run with the land and be enforceable against successors in title they either need to be negative (i.e. restrictive covenants) and expressed to benefit adjacent land or there needs to be some kind of clear reciprocal benefit/burden (e.g. a covenant to pay money to maintain a private road in return for use of that private road). Not sure there is any such benefit with that covenant so as it appears to be a positively worded covenant it possibly only remains enforceable against the original party (unless you are obliged by a restriction on the title to enter into a deed of covenant in the same form?)
However my main advice would be ASK YOUR PROPERTY LAWYER dealing with the purchase who is qualified and insured to advise you and not a bunch of idiots like me/us on the wrath who are not!
Posted By: Jim on July 27th 2015 at 11:32:20
Message Thread
- Any budding Saul Goodman's know how I can get out of this? (General Chat) - MIKEWALKER, Jul 27, 10:13:59
- You can get insurance in the case of a claim. (n/m) (General Chat) - Joe Strimmer, Jul 27, 17:55:22
- buy a lasergame company (n/m) (General Chat) - Dave in France, Jul 27, 12:13:15
- haha (n/m) (General Chat) - MIKEWALKER, Jul 27, 12:57:40
- What does that even mean? (General Chat) - Jim, Jul 27, 11:32:20
- I've not seen the actual wording of this clause/whatever it is (General Chat) - MIKEWALKER, Jul 27, 11:37:01
- Saul Goodman's what? (n/m) (General Chat) - Old Git, Jul 27, 11:16:27
- Send Mike Ehrmantraut round for a wee chat (n/m) (General Chat) - Old Man, Jul 27, 10:26:25
- Write them a letter, (General Chat) - I Am Hoot, Jul 27, 10:23:34
- Also, the address of the builder would be my address! (General Chat) - MIKEWALKER, Jul 27, 10:31:19
- Just write 'Aye aye, Chaucer's had his three Shredded Wheat this morning.' (n/m) (General Chat) - Arizona Bay, Jul 27, 10:33:29
- I'll tuck you under a bloody doormat, you fat trumpet (n/m) (General Chat) - MIKEWALKER, Jul 27, 10:36:48
- Try it, Clownshoes. (n/m) (General Chat) - Arizona Bay, Jul 27, 10:38:37
- Oh go build a website, from scratch, you fused bulb (n/m) (General Chat) - MIKEWALKER, Jul 27, 10:43:13
- ^^^ superb (n/m) (General Chat) - Only1Doherty, Jul 27, 11:20:35
- Oh go build a website, from scratch, you fused bulb (n/m) (General Chat) - MIKEWALKER, Jul 27, 10:43:13
- Try it, Clownshoes. (n/m) (General Chat) - Arizona Bay, Jul 27, 10:38:37
- I'll tuck you under a bloody doormat, you fat trumpet (n/m) (General Chat) - MIKEWALKER, Jul 27, 10:36:48
- Just write 'Aye aye, Chaucer's had his three Shredded Wheat this morning.' (n/m) (General Chat) - Arizona Bay, Jul 27, 10:33:29
- Also, the address of the builder would be my address! (General Chat) - MIKEWALKER, Jul 27, 10:31:19
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