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Freehold Covenants for SQE1

Part of our SQE1 Property Practice guide → View the full SQE1 Property Practice guide

19 Apr 2026

Freehold covenants are a perennial SQE1 favourite. The rules on whether the benefit and burden of covenants pass to successors in title are technical but essent

Freehold Covenants

Property Practice > Freehold Covenants

What is Freehold Covenants?

Candidates often lose marks on SQE1 by confusing whether the benefit or burden of a covenant passes to a successor in title — a technical distinction examiners rely on for trap answers.

Key Principles for SQE1

When tackling Freehold Covenants as part of Property Practice, remember:

  • Know the procedural steps and their correct sequence
  • Understand the legal effect and consequences of each stage
  • Be familiar with the standard documentation and processes
  • Apply the rules to practical client scenarios

Covenant issues often emerge during the pre-contract stage when you investigate title and review the property's legal history.

Exam Tip

Pay close attention to the order of steps in conveyancing scenarios. Exam questions often include answer options that describe correct actions at the wrong point in the transaction.

How This Appears in SQE1 Questions

SQE1 questions on this topic use transactional scenarios asking you to:

  • Identify the correct next step in the process
  • Select the appropriate document or search
  • Recognize the legal consequences of events
  • Advise on party obligations and timings

Examiners test this distinction repeatedly — you must be able to apply the complex rules on the passing of benefit and burden instantly under exam pressure.

Key patterns to watch for:

  • Questions that test whether you know the correct sequence
  • Scenarios involving both buyer and seller (or buyer and lender) obligations
  • Time-sensitive requirements and deadlines
  • Different procedures for different property types

Common Mistakes Students Make

Students often struggle with:

  • Confusing the order of steps in the conveyancing timeline
  • Applying rules from different stages to the wrong scenario
  • Overlooking procedural requirements
  • Forgetting time limits and deadlines

Quick Summary

  • Freehold Covenants requires understanding both the law and the practical steps involved.
  • Work systematically through the procedural timeline and practise applying the rules to realistic scenarios.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A solicitor acts for a buyer purchasing a freehold property on a residential estate. The official copy entries reveal a restrictive covenant on the charges register preventing any alteration to the external appearance of the property without the prior written consent of the management company. The management company owns the common parts of the estate. The buyer wishes to install solar panels on the roof after completion. The solicitor raises a pre-contract enquiry with the seller's solicitor about whether consent has ever been refused. The seller's solicitor responds that no application has ever been made. The buyer asks the solicitor whether consent is likely to be granted. The solicitor is aware that several other properties on the estate have installed solar panels without apparent objection. The solicitor's own view is that the management company would be unlikely to object.

What is the most appropriate advice the solicitor should give the buyer regarding the restrictive covenant and the proposed solar panels?

Question 2

Scenario

A man owns a large plot of freehold land. He sells the southern portion to a woman. The transfer contains a covenant by the woman not to use the southern portion for any commercial activity. The covenant is expressed to be for the benefit of the man's retained northern portion. The woman complies with the covenant for several years. She then opens a hairdressing salon from a converted outbuilding on the southern portion. The man's retained land is separated from the southern portion by a public road but is still within close proximity. The man has recently retired and spends most of his time gardening. He has not visited the southern portion since the sale. A mutual acquaintance informs him about the salon.

For the benefit of the restrictive covenant to have been annexed to the man's retained land, which of the following must be demonstrated?

Question 3

Scenario

A solicitor acts for a seller who is transferring part of his freehold land to a buyer. The seller wishes to impose a covenant requiring the buyer to maintain a hedge along the boundary between the retained land and the land being sold. The solicitor is aware that the buyer intends to sell the property within two years. The solicitor advises the seller about the enforceability of the covenant against future owners. The seller is particularly concerned about ensuring continuity of the maintenance obligation. The solicitor drafts the transfer to include the positive covenant and an indemnity covenant mechanism. The buyer purchases the property and, 18 months later, sells to a new owner. The transfer to the new owner includes an indemnity covenant requiring the new owner to indemnify the buyer against any liability under the original positive covenant. The new owner neglects the hedge.

If the seller wishes to compel maintenance of the hedge, what is the practical effect of the indemnity covenant chain?

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