Subdividing land

The land that benefits form the covenant (The manor house or Party A mentioned above) or the land with the restrictions imposed (Party B) may subsequently be parcelled into smaller plots and each plot sold separately.  

The covenant will usually survive this division, and any further subdivisions of the land.

• Assuming party A attached the ability to enforce the covenant to the deeds for his/her land that benefits from the covenant, then the ability to enforce the covenant on Party B will rest equally with every owner of any smaller plot that is created from the benefiting land.

• Similarly, if the land of Party B is sub-divided then any covenants should automatically be included within the deeds/title to the various sub-plots formed from the land of Party B.

Covenants and planning

Cont..

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