Encumbrances - by Kay Keam
Posted: 16th July 2015
Encumbrances have been used for a long time as a device to
secure land covenants in gross. Examples include conditions of
consent, waivers of fire rating requirements and obligation to join
an owners' association. As part of her study for a master of laws,
Kay has produced a
paper which looks at the history and problems with
encumbrances and the Law Commission proposal for their replacement
- a statutory land covenant in gross.