Restrictive covenant

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A Covenant (an agreement by deed) that prohibits the convenantee from doing something. Whether a covenant is restrictive or not is a question of form, not of substance (Tulk v moxhay (1832)), and is often assessed by determining whether it requires expenditure on the part of the covenantee. A restrictive covenant is always enforceable between the original parties, under straightforward common-law principles. The more interesting question is whether a restrictive covenant can be made to 'run with the land', that is, bind purchasers of the land who are not parties to the original covenant. See Covenant for more details.

Land and Property Law