Restrictive covenants, touch and concern and land use regulation revisited

Examines the continuing relevance of the "touch and concern" requirement for restrictive covenants to bind successors in title, arguing that it functions as a structural mechanism for determining proprietary status within a numerus clausus framework. Considers how statutory and regulatory developments, including land registration, planning obligations and conservation covenants, have increasingly displaced private law doctrine in governing enforceability against successors.