Simon Howell is spot on regarding reform of the passing of positive land covenants. When I practised in Hong Kong we had the same issue (the Conveyancing and Property Ordinance was based on the Law of Property Act 1925) and it took a simple amendment to that ordinance by making the relevant section (section 41) expressly apply to all covenants ‘whether positive or restrictive in effect’. It really was not that difficult to make positive covenants run with the land.

Raymond Hayes, Bartons, Salcombe

Topics