Boat Mooring Restrictive Covenant Enforceable?

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    Boat Mooring Restrictive Covenant Enforceable?

    I have purchased a freehold mooring plot (just the area of riverbed that is covered in water, not including the quay heading).
    The property has a restrictive covenant in a previous TP1 to a previous purchaser of the plot to use the land to moor one boat only.
    "The transferee hereby covenants to use the Property as a mooring berth for one boat only"
    Would this covenant run with the land in a previous TP1 form. It is not mentioned in my Transfer form when I purchased the plot.
    If it does run with the land could it be enforced by the owner of the adjoining quay heading and land?

    #2
    It would not need to be mentioned in the transfer to you. If the covenant is noted in the charges register of your title it is potentially enforceable. Whether it is actually enforceable and by whom is a chapter of a book.

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      #3
      Originally posted by Lawcruncher View Post
      It would not need to be mentioned in the transfer to you. If the covenant is noted in the charges register of your title it is potentially enforceable. Whether it is actually enforceable and by whom is a chapter of a book.
      Thank you. How could something like this be enforced? If two boats were moored on the berth for a period then one boat removed, what enforcement action could be taken? As boats can be moved, could any action be taken if more than one boat was to come and go from the berth?

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        #4
        There are several questions to be asked to establish if a given restrictive covenant can be enforced. Assuming it can, the remedies available are damages or an injunction. Whether a court will award either depends on what loss or detriment has been suffered.

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