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Enforceability of Positive Covenants in Freehold Land

Updated: Apr 4

In this episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the enforceability of positive covenants. Richard analyses the challenges posed by the enforceability of positive covenants in freehold land, exploring the associated issues. He also sheds light on potential solutions, including the role of deeds of covenant and commonhold.


Cases mentioned: 

Austerberry v Corporation of Oldham (1885) 

Rhone v Stephens [1994]

Roberts v Lawton [2016]

Halsall v Brizell [1957]  

Wilkinson v Kerdene [2013]



Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester and Birmingham ensuring truly national coverage. The firm is renowned for its high quality legal work and service. 

We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate. 

All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.  

Davitt Jones Bould is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester and Birmingham, we have a national presence.

The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.


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