Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Estate rentcharges on freehold land (England and Wales): creating and enforcing positive covenants, service charges, registration, SDLT/LTT, remedies and lender pitfalls

Published by a LexisNexis Property expert

Practice notes

When disposing of a freehold on sale, sellers may seek to impose positive covenants for later owners to fulfil. Difficulties can occur when trying to enforce positive covenants against successors in practice and in law. While leasehold covenants bind the initial tenant and anyone taking title after them, positive covenants in freehold conveyances do not by default. One technique to safeguard and enforce covenants over freehold land is the use of an estate rentcharge. For alternative approaches see Practice Note: Positive covenants—binding successors in title. Since August 1977, only specified categories of rentcharge, including estate rentcharges, can be created.

Estate rentcharges can be used to enforce:

positive covenants
service charge contributions towards the rentcharge owner’s Costs in performing covenants for the:
- provision of services
- undertaking of Maintenance or repairs
- arranging of insurance, or
- making any payment for the benefit of the land subject to the rentcharge or for the benefit of that and other land

To create a legal rentcharge, the rentcharge must require payment of an amount issuing out of, or charged upon, property either forever or for a fixed term. Any other rentcharges (for example, a rentcharge lasting for life) will be...

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Web page updated on 21/05/2026

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