Covenant Breach · Report on Title scenarios
Covenant breach
3 situations in which a breach of covenant comes up during a conveyancing transaction, each answering a different question.
- The title has a covenant against causing nuisance or annoyanceAnnoyance is a wider idea than nuisance, and a covenant against it has been held to reach lawful building work. Why this covenant deserves more attention than its wording suggests.
- The seller is a bank and cannot confirm compliance with the covenantsA lender selling a repossessed house has never lived there and gives no assurances. What that removes from the transaction, and what you can do about the gap.
- What happens if someone enforces a covenant against me?Damages, an injunction, or an application to modify the covenant. What a person with the benefit can realistically achieve, and why most breaches end in a payment.
Already bought, and a breach of covenant has become a problem?
These pages are written for someone still deciding. If this came up after you completed, the question is a different one — what was known during the purchase, and what should have been reported to you.
Tell us what happened → WhenIBought.comDealing with this on a current conveyancing matter?
Current Report on Title paragraph
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