In the context of a property transfer, who benefits from the positive covenant regarding wall construction?

In the context of property transfers, a positive covenant involves an obligation on one party to carry out certain works or maintain a property in a specific manner. When it comes to wall construction, the positive covenant is typically designed to benefit the land that is retained by the party who is obliged to perform the work, often referred to as the retained land.

Retained land is the property that remains with the original owner after a transfer and is intended to benefit from any obligations imposed, such as the construction or maintenance of a wall. By requiring an owner to build a wall, the positive covenant ensures that the retained land enjoys the advantages of that wall—such as security, privacy, or boundary definition—contributing to its value and usability.

The transferor or the original owner may not directly benefit from the positive covenant in the same way as the retained land, as their connection to the obligation typically ceases following the transfer unless explicitly stated otherwise. Therefore, the retained land is the primary beneficiary, solidifying its right to enforce the covenant for the improvement and maintenance of the property it encompasses.