What are the restrictions or external curtailments on freehold ownership?
The most obvious form of external curtailments are the public controls- a freeholder must comply with all applicable government laws which combine to control the use of and activities upon his property. The second form of external curtailment is of a more private nature and consists of restrictions placed upon the freehold title. For instance, neighbours may enjoy rights of way over pathways crossing the freeholder”s land. The rights that others enjoy over privately owned property are owned as “easements”. A further form of title restriction is the “covenant”. A covenant may be an obligation to do something, such as an obligation to keep the buildings on the land in good condition or an obligation to make a financial contribution to some shared facility such as a car park etc.
