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Statutory annexation of covenants: A practical solution built on unstable foundations

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    Abstract

    Controversial from its publication, Federated Homes v Mills Lodge has received support for its creation of “statutory annexation”, and strong criticism for the theoretical foundation provided. This article seeks to interrogate the theoretical foundations of Federated Homes, before identifying its subsequent judicial treatment and whether there are policy justifications supporting statutory annexation’s existence.
    Original languageEnglish
    Pages (from-to)284-304
    JournalConveyancer and Property Lawyer
    Volume86
    Issue number3
    Publication statusPublished - 26 Sept 2022

    Keywords

    • Annexation
    • Benefits of covenants
    • Restrictive covenants

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