Freehold covenants and environmental protection: striking the correct balance between public and private regulation.

Research output: Contribution to conferencePaper

Abstract

Land is a finite resource the enjoyment of which is governed by laws and regulations. Rights in property are not absolute but subject to a wide range of state-imposed limitations and constraints. Yet there is a balance to be struck between public and private regulation in terms of environmental protection. One is not necessarily free to always chose one’s own interests over those of the public and or over those of future generations. The role of private covenants, in particular freehold covenants, play an ever more important role in dealing with specific and detailed aspects of land use and environmental protection. The connections and tensions between private and public regulation, of land, for environmental protection poses significant challenges. Questions arise as to what extent reliance is placed on private covenant based regimes to regulate land use for environmental protection? How effective are private freehold covenants in achieving this and what difficulties exist? What lessons can be learned from other jurisdictions (such as Trinidad and Tobago, New Zealand, Scotland, and Northern Ireland) where their private covenant regime has recently been reformed, in particular in connection with positive covenants; and is the balance right between public and private regulation, if not what can be done to readdress this?
Original languageEnglish
Publication statusUnpublished - 1 Apr 2022
EventClimate Change and the Rule of Law Conference - UCL, London, United Kingdom
Duration: 31 Mar 20221 Apr 2022

Academic conference

Academic conferenceClimate Change and the Rule of Law Conference
Country/TerritoryUnited Kingdom
CityLondon
Period31/03/221/04/22

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