covenant must touch and concern the land There must be a relationship with the land Statute, running of the benefit - applies to post 1987 covenants Rules of equity apply! successor has acquired the legal interest in the benefitted land Statute, running of the burden (s 303) - applies to both positive and restricted common intention that burden should run with land Equity, running of benefit Benefit (positive or negative easement) passes where covenant must also benefit the owner of the benefitted land for the time being - affect the value of the land or method of its occupation/enjoyment successor must acquire the same legal estate as covenantee held in land Equity, running of burden (Haywood) it is intended that the covenant should run with the land and bind subsequent assignees covenantee possess the LEGAL interest in benefitted land Common Law, running of burden It was not possible under common law burden did not run with theland - because did not want titles to be encumbered (not a big deal under Torrens anymore) Common Law, running of benefit The benefit of a covenant (positive or restricted) would pass where
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