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Tulk v. moxhay5/26/2023 (i) needs to be registered as a notice on charges register of burdened plot Current owner of land must have notice of covenant: only ever equitable, have to prove that conscience of purchaser is bound in order to make sure they are forced to abide by covenant. 5th requirement from Tulk v Moxhay (does burden pass?) - Because R.C. ![]() S states that the law assumes that this intention existed unless it is expressly stated otherwise. BUT A extracts promise from successor to indemnify (at a cost) 4th requirement from Tulk v Moxhay (does burden pass?) - Original owner must've intended the covenant to run with the land (bind future landowners) in turn of successor Chain of indemnity covenants - A remains liable in contract on his +ve covenant with B (b) to promise to impose same obligations of D.C. (a) to require successor, C, to make same covenant directly with B and Covenantee can seek possession of covenantor's land if rent charge/covenant breached Direct Covenant - If A makes +ve covenant with B ![]() ![]() Estate Rentcharge (to let positive covenant pass) - A promise to pay regular sums of money
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