Typical legal indemnity policies | Right to light | Freehold restrictive or positive covenant
| Mines & minerals | Land subject to rights of way / reservation rights | Adverse possession | Insolvency act indemnity | Breach of planning / building regulations / listed buildings consent | Search indemnity | Judicial review | Land registered with possessory title/good leasehold title | Lack of access or easement for services | Village green registration | Chancel repair | Absent landlord | Breach of leasehold covenant
An example of a so-called positive covenant
might be an obligation to maintain the boundaries.
English law has certainly always been chary about allowing the transmission of the burden of a positive covenant to an assignee, preferring to adopt an analysis which upholds privity of contract between the original covenanting parties.
The English courts have adopted a mechanism for the onward transmission of positive covenants whereby a purchaser enters into a free-standing covenant that it will, in turn, in any sale, require an onward purchaser to bind itself to the same positive covenants, thereby retaining a relationship of contractual privity from purchaser to purchaser.
'There is a positive covenant
to operate greyhound racing at the venue so I would also ask all interested parties to write expressing their wishes that it should continue.
are permitted as well as negative (restrictive) covenants.
There are always concerns that successive occupiers of premises may not be covered by negative and more likely, positive covenants
on the land, such as obligations to make payments.
Moreover the lease may contain obligations known as positive covenants
requiring the leaseholder to spend money on general maintenance, repairs etc.