P O’Connor ‘Careful what you wish for: positive freehold covenants’ Conv. 2011 3, 191 -207

Looks at the rule that positive covenants cannot run with the land and considers suggestions that this rule be abolished.

J Howell ‘The annexation of the benefit of covenants to land’ Conv. 2004 Nov/Dec 507 - 516

Provides a consideration of the case of Crest Nicholson Residential (South) Ltd v McAllister [2004] and, in particular, deals with the question left unanswered in the case of Federated Homes Ltd v Mill Lodge Properties Ltd [1980] as to the extent to which annexation by virtue of s78 Law of Property Act 1925 still requires the land to be identified. It suggests that the decision in Federated Homes is perhaps not as radical as was first thought. 

A Bullock ‘Federated Homes revisited’ NLJ 2005 238

Looks at how the case of Crest Nicholson Residential (South) Ltd v McAllister [2004] resolved the issues left unanswered by the decision in Federated Homes Ltd v Mill Lodge Properties Ltd [1980] in respect of whether a) land intended to be benefited by a covenant must be identified for annexation to occur and b) whether the operation of s78 annexation is mandatory.

Law Commission ‘Making land work: easements, covenants and profits a prendre’ (Law Com No 327) Parts 5,6

Looks at proposals for reform to the law of freehold covenants.

T Sutton ‘On the Brink of Land Obligations Again’ [2013] Conv 17

Reviews the Law Commission proposals in it’s report ‘Making Land Work: Easements. Covenants and Profits a Prendre’ to introduce positive land obligations and to extend the role of the Lands Chamber of the Upper Tribunal to prevent land from being overburdened by such obligations.