Scamell and Gasztowicz on Land Covenants, third edition

31 Oct 2023


Steven Gasztowicz KC is the author of the latest edition of Scamell and Gasztowicz on Land Covenants, which is published today. It has been a leading work on the subject since Professor Scamell’s original text in 1996, which has been expanded to include related issues such as planning obligations and brought fully up to date.

This book covers a complex and broad area of law for property lawyers to contend with. Dealing with the impact of covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. The volume of case law on this topic is extensive.

This book includes coverage of positive covenants and planning covenants and is updated to include the major Supreme Court case on restrictive covenants, Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] 1 WLR 4783 and other major Court of Appeal decisions. It also deals with the special position of local authorities in relation to land covenants, and has coverage on freeing land from restrictions.

This title is included in Bloomsbury Professional’s Property and Land Law online service.

The foreword by Lord Carnwath of Notting Hill reads as follows:

“I am pleased to welcome this new edition of this important work.

“Unlike many other areas of law, the law of land covenants, both restrictive and positive, has been developed largely by the courts, and with relatively limited interference from statute. It continues to be largely case law based. That creates special problems for the description of the law in this area and for the exposition and analysis of the underlying principles.

“Having myself been involved in the application and development of the law in this area, as Senior President of Tribunals, in the Court of Appeal, and in the Supreme Court, I am only too aware of the challenges facing someone attempting a comprehensive and authoritative guide to the subject.

“This book provides not only a clear description of the law but a detailed and painstaking evaluation of the relevant cases at all levels, from the Upper Tribunal to the Supreme Court. It also explains the interaction of the common law with the statutory regimes covering the same or similar ground, such as, for example, the statutes relating to planning obligations.

“In addition, it provides a useful practical guide to procedure in the Upper Tribunal (Lands Chamber) when its jurisdiction falls to be invoked.

“I commend it to all those interested in the subject, whether professionally or academically.”

Steven Gasztowicz KC specialises in property matters, planning, and public law work.

Purchase the book here.