Deed of mutual covenant and grant

by Practical Law Property

A Standard Document providing a deed of mutual covenant and grant designed for two adjoining freehold property owners in England and Wales to address a 'flying freehold' situation, where part of one property overhangs another. This deed establishes a framework for granting reciprocal rights, such as easements for support, protection, and access for maintenance, and for creating mutually enforceable restrictive and positive covenants. It addresses the key legal challenge of ensuring that positive covenants bind successors in title by incorporating obligations for new owners to provide a direct deed of covenant. To secure these obligations, this Standard Document includes provisions for placing a restriction on the title at HM Land Registry and for obtaining any necessary chargee consent, ensuring the long-term effectiveness of the arrangement.