Covenants Land law - Essay Example

The main concern in this case is whether or not Sarah is able to enforce the covenant to Oliver who will only own the land for a particular period which is 50 years. The answer is definitely no. Sarah does not have any legal ground to enforce the covenant to Oliver since the covenant between Leonard and Mary did not apply to Oliver2. However, Sarah has all the legal grounds to enforce some penalty to Mary for the bridge of covenant. The reason is that Mary had not sold off the land to Oliver. Therefore, the covenant is still biding, what she did was to lease the land to Oliver, but not sell it to him.

What this means is that the covenant is still binding and Mary has to take the responsibility to ensure that the restrictive covenant signed between her and Leonard is upheld. Therefore, the piece of advice to Sarah is to get hold of Mary and charge her with the responsibility3. However, this should be noted that it is the covenantee who enforces the covenant to the covenanter. This will be in exception incase the deed was designed to provide that the covenanter is not in any way liable incase there is a breach in the covenant after he/she has sold the land.

However, this is not applicable in this case because Mary had not sold the land In the second case regarding Ned, the covenant they agreed on was one that denied him the right to use the plot for commercial use. However, when Ned sold the plot to Phillip he went ahead to use it for commercial use where he offered yoga and log cabin services. This is a little complex since Ned sold the land to Philip. It can even be more complex incase Ned cannot be easily traced4. Sarah may not be able to enforce the covenant on Philip since there was no any transaction between them.

However, if Sarah can be able to reach Ned then she can be able to compel her to make the same agreement with Ned. In fact, it may be difficult for Sarah to