Apositive covenant is a kind of agreement relating to land, where thecovenant requires positive expenditure by the person bound, in order to fulfil its terms. Unlike arestrictive covenant, a covenant to perform a positive act does not "run with the land" and therefore does not bind the covenantor’s successors intitle.
Relevantcase law was developed in anEnglishCourt of Appeal case,Austerberry v Oldham Corporation (1882).[1]
