Original Covenantor

Original Covenantee

Deed of Covenant

Positive and Restrictive Covenants at Law

Successor in Title

Successor in Title

Benefit of the Covenant runs with the land of the Covenantee - Benefit can be enforced by the Original Covenantee and successors in title (where the Covenant is expressed to benefit the Original Covenantee’s successors in title –s70(1) Conveyancing Act)

Original Covenantor

Original Covenantee

Deed of Covenant

Positive and Restrictive Covenants at Law

Successor in Title

Successor in Title

Successor in Title

Burden does not run with the land of the Covenantor - Benefit cannot be enforced by the Original Covenanteeagainst successors in title to the Original Covenantor

Successor in Title

Successor in Title

Original Covenantor

Original Covenantee

Deed of Covenant

Positive Covenants (at Law and in Equity) # 1

Successor in Title

Successor in Title

Benefit may be enforced by the Original Covenantee only and only against the Original Covenantor (usual position)

Successor in Title

Successor in Title

Original Covenantor

Original Covenantee

Deed of Covenant

Positive Covenants (in Equity) # 2

Successor in Title

Successor in Title

Benefit may be enforced by the Original Covenantee only and only against the Original Covenantor unless rule in Frater v Finlay can be applied

Successor in Title

Successor in Title

Original Covenantor

Original Covenantee

Deed of Covenant

Restrictive Covenants (in Equity)

Successor in Title

Successor in Title

Benefit may be enforced by the Original Covenantee and any of its successors in title against the Original Covenantor and any of its successors in title provided eight requirements are met for Torrens Title and four requirements in Tulk v Moxhay are met for OST

Successor in Title

Successor in Title