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  • this , call me thick, i don't understand..
    We buy the house and land so we own it not the person who owned it years ago and sold it on...?

  • Where you have a restrictive covenant you will usually have two areas of land. One area of land is subject to the burden of the covenant, so the person who owns that area of land cannot use it in a way which would be a breach of the covenant. The other area of land is the land with the benefit of the covenant. However owns that area of land has the right to enforce the covenant.

    Some restrictive covenants have either a benefit or burden which is personal to the original covenantee/covenantor but the above is the 'classic' restrictive covenant where both the benefit and burden run with the land.

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