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The first commentator asks why not start by making positive covenants run with the land? Why not indeed? My last task when I worked at the Law Commission was to draft the Commission's report, "Transfer of Land: the Law of Positive and Restrictive Covenants". Published in 1984, it included a draft Bill which would have achieved exactly that aim. It was killed off by the combined forces of the Lord Chancellor's Department, the Land Registry and the Building Societies Association. (The sad story of this project is told in my book "A Lament for the Law Commission" of which I have a great number of unsold copies, any one of which could be yours on application to richardoerton@hotmail.com.) The draft Bill could still be enacted, and land law would be all the better if it were.

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