When a covenant is really an easement: Lessons from Rg v Jea Holdings

Practitioners know well the significant difference between a covenant and an easement. Whilst both interests enjoy the benefits of indefeasibility once registration is achieved, each is fundamentally distinct. A covenant is generally restrictive in nature and prohibits the use of land in a way contrary to its terms. It is an equitable interest and by its nature does not create a legal interest in the land even when recorded. Rather, the entry of a covenant on title, serves to record the interest on the burdened lot as notice to successors in title.