Restrictive Convenants and Freehold Land: A Practitioner's Guide

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Jordans, Jan 1, 2005 - Law - 394 pages
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The first edition of this book was published in 1999. This new second edition has established itself as THE guide for the busy practitioner who requires an understanding of the law relating to restrictive covenants affecting freehold land in the UK. In this book a very complex area of land law is made intelligible by easily understood text, which is complemented by flow charts and checklists. This enables the advisor to solve problems quickly and accurately. This highly practical text addresses the key issues affecting restrictive covenants, including: how to draft restrictive covenants; how to identify the existence of restrictive covenants; how to approach questions of validity of covenants and the construction of the words used; the remedies for breach and the likely measure of damages and guidance as to procedure under the CPR; and how to arrange cover under indemnity and insurance policies. It includes a chapter written by a chartered insurer about insurance and indemnity policies taken to cover claims under restrictive covenants, with a "model" policy and notes. In addition there are precedents for use in drafting restrictive covenants with helpful explanatory commentary and Lands Tribunal forms. All relevant statutory materials, the Lands Tribunal Rules and Practice Directions are included. This second edition has been extensively revised and updated and includes a new chapter on commonhold ownership of freeholds and also takes into account the Land Registration Act 2002, the impact of the CPR and the Human Rights Act 1998 and important recent case law, including Crest Nicholson v McAllister in the Court of Appeal. A free CD-ROM accompanies this book and contains all appendix material.

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About the author (2005)

Andrew Francis is a community theologian, writer and published poet.

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