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The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view. An affirmative covenant is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the ...
The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x.
Lord Templeman held that the covenant could not be enforced because the covenant was positive. His judgment said the following. [1]Equity cannot compel an owner to comply with a positive covenant entered into by his predecessors without flatly contradicting the common law rule that a person cannot be made liable upon a contract unless he was a party to it.
In this type of privity, the covenants may be positive or negative and, unless very inequitable, are generally held to be binding. After the case, instead of the first narrow privity of estate, any restrictive covenant chiefly needed to satisfy four lesser requirements to bind the successors in title:
In that case, the Supreme Court of Michigan also held the covenants enforceable. The Supreme Court consolidated Shelley v. Kraemer and McGhee v. Sipes cases for oral arguments and considered two questions: Are race-based restrictive covenants legal under the Fourteenth Amendment of the United States Constitution? Can they be enforced by a court ...
because the covenant forming the commonwealth is the subjects giving to the sovereign the right to act for them, the sovereign cannot possibly breach the covenant; and therefore the subjects can never argue to be freed from the covenant because of the actions of the sovereign.
A positive covenant is a kind of agreement relating to land, where the covenant requires positive expenditure by the person bound, in order to fulfil its terms. Unlike a restrictive covenant, a covenant to perform a positive act does not "run with the land" and therefore does not bind the covenantor’s successors in title.
The Deuteronomic Code is the name given by academics to the law code set out in chapters 12 to 26 of the Book of Deuteronomy in the Hebrew Bible. [1] The code outlines a special relationship between the Israelites and Yahweh [2] and provides instructions covering "a variety of topics including religious ceremonies and ritual purity, civil and criminal law, and the conduct of war". [1]