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negative covenants in land law

ross81 · 2023-01-17 13:01:41

From my understanding, a negative covenant is something an owner is obliged NOT to do. Would a new purchaser of a property have to follow this even if the covenant was agreed to decades ago by the previous owner?

17-01-2023 2:01pm

#1

ross81

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From my understanding, a negative covenant is something an owner is obliged NOT to do. Would a new purchaser of a property have to follow this even if the covenant was agreed to decades ago by the previous owner?

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Comments

#2 18-01-2023 3:19am

chunkylover4

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The answer is it depends on the covenant. Could you post the text?

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#3 18-01-2023 8:21am

Caranica

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https://www.boards.ie/discussion/2058280040/negative-covenants-in-land-law

It was agreed to by the new owner too surely as it would have been included in the sales contract? You can't opt out of conditions associated with the property.

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#4 18-01-2023 12:09pm

NUTLEY BOY

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https://www.boards.ie/discussion/2058280040/negative-covenants-in-land-law

As others say, it depends on the particular wording.
What you need to check specifically is if the wording binds the successors in title.
Some of these rights attach to the property (in perpetuity) as distinct from the individuals who granted or accepted a covenant.

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