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Federated Homes Ltd v Mill Lodge Properties Ltd: CA 29 Nov 1979

Covenents Attach to entire land not just parts Conveyances contained restrictive covenants but they were not expressly attached to the land. The issue was whether they were merely personal. Held: Section 78 made the covenant by the purchaser binding on his successors also. The section provides for statutory annexation of any covenant which touches and … Continue reading Federated Homes Ltd v Mill Lodge Properties Ltd: CA 29 Nov 1979

Trustees of The Coventry School Foundation v Whitehouse and Others: CA 18 Jul 2013

The appeal raised two points as to restrictive covenants: (a) Statutory annexation – whether the covenant was unenforceable, because the land intended to be benefited by the covenant could be easily or fully ascertained as to situation or extent for the purposes of s.78(1) of the Law of Property Act 1925; and (b) Breach – … Continue reading Trustees of The Coventry School Foundation v Whitehouse and Others: CA 18 Jul 2013

Mohammadzadeh v Joseph and others: ChD 15 Feb 2006

The parties disputed whether the defendants owned the benefit of a restrictive covenant. Held: The covenant did touch and concern the land, and the land with the benefit of covenant. The conditions under Federated Homes were met. The covenants were enforceable: ‘in the case of a post 1925 conveyance, once it is established that a … Continue reading Mohammadzadeh v Joseph and others: ChD 15 Feb 2006