In general easements bind the servient heritage and permanently ensure for the benefit of the dominant heritage, irrespective of who is the owner thereof.1Īs regards leases, again, normal covenants in a lease will run with the land and with the reversion. In order to avoid discussion on matters about which there is no controversy, it is desirable to leave out of the discussion rules relating to two spheres of the law, namely, easements and covenants contained in leases. This has been one of the most difficult matters in the law of transfer. In legal language, the question is concerned with the running of the benefit with the land. Conversely, when the person in whose favour the convenant was entered into-briefly, the beneficiary-transfers the property-the question may arise whether the transferee can claim the benefit of the covenant. In legal language, this question is concerned with the running of the burden of the convenant with the land.
The question now to be considered is whether such a covenant entered into by a person, while transferring or accepting a transfer of property, can be enforced against a future transferee. Whether such a covenant is binding qua contract between the parties to the covenant personally is a matter which depends on the law of contract and, to some extent, on the provisions in the Transfer of Property Act relevant to the subject, of which sections 10 to 12 have been already considered. The primary object in inserting such covenants, when property is transferred outright, is, in general, to preserve the saleable value of the residential amenities of the property of the transferor-though there may sometimes be other considerations not connected with the ownership or enjoyment of any particular property. These covenants may impose a positive duty or a negative duty. Questions concerning the rights of third persons may arise from covenants that are often entered into while transferring property. Restrictive Covenants and Obligations Annexed to Ownership of Land
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