Birmingham Joint Stock Co v Lea: 1877

The court considered whether a covenant in a lease survived its extinction: ‘though the old under-lease was gone it was clearly part of the arrangement that the defendant should remain subject to the covenant and that accordingly he remained bound by it in equity.’

Citations:

(1877) 36 LT 843

Jurisdiction:

England and Wales

Cited by:

DistinguishedGolden Lion Hotel v Carter 1965
A lease of a plot of land fronting a road contained a covenant by the lessor, who was also the owner of land with a hotel on the opposite side of the road, not to build on the hotel site except to a specified extent. Subsequently, the lessee . .
CitedWall v Collins and Another CA 17-May-2007
Properties, when leasehold, had acquired rights of way by prescription over neighbouring land. The freehold interests were acquired, and the claimant now appealed a decision that the right of way acquired under his lease had disappeared.
Held: . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 May 2022; Ref: scu.252421