Scamell and Gasztowicz on Land Covenants

(Hardback, 2nd edition)

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Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers. A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative. Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I Restrictive Covenants; Part II Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.

Author Bio

Steven Gasztowicz KC specialises in property matters, town and country planning, public law, and commercial and other claims. He advises and represents clients ranging from major companies and public authorities to private individuals. He appears before all courts, ranging from the Supreme Court and Court of Appeal to the county court and tribunals. He has experience in particular in the following areas: Property: restrictive and other land covenants, rights of way, adverse possession, constructive trusts and proprietary estoppel, highways, drainage law, nuisance claims, and commercial landlord and tenant; Planning: inquiries, including local plan inquiries, enforcement proceedings, appeals, s106 obligations, ancillary rights, injunctions, and all other planning and planning-related matters; Public law: statutory powers, judicial review, and statutory appeals; Commercial and other claims: contract, breach of statutory duty, misrepresentation, company law, and negligence matters, including professional negligence claims against surveyors, solicitors and others. He also sits as a Recorder, dealing with civil and specialist chancery matters, and also with criminal cases and appeals. His breadth of knowledge means he understands issues crossing a number of different fields, all of which can inter-connect with particular aspects of property law.