Positive covenants in transfers: what to consider
A brief overview of issues to consider in connection with the enforceability of positive covenants when drafting transfers of freehold property. This note explains the various workarounds that can be adopted to make the burden of positive covenants bind successors in title, for example chains of indemnity or compulsorily renewed covenants supported with a restriction.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
Why Practical Law?
Gain a built-in attorney network
Practical Law’s resources are written and maintained by over 650 dedicated, full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies, so they understand the challenges you face. They dedicate themselves to creating resources to help you navigate the new legal realities, legislative changes, and practice areas impacting your clients or organisation.
See how to leverage the expertise of Practical Law’s attorney-editors to help you practice more efficiently.
Learn more about Practical Law
Expert guidance
650+ full-time, experienced attorney-editors keep you up to date globally
Total resources
118,000+ total resources across 17 practice areas ensure comprehensive coverage
Timely updates
150,000+ hours spent in 2025 maintaining and updating resources