Cooke v Chilcott: 1876

The purchaser of land with a well covenanted to erect a pump and reservoir and to supply water from the well to all houses built on the vendor’s land. Enforcement was sought against a purchaser.
Held: He had purchased with notice of the covenant, it rand with the land and he was bound by it. Malins VC said: ‘I think that when a contract is entered into for the benefit of contiguous landowners, and one is bound by it and the other entitled to the benefit of it, the covenant binds him for ever, and also runs with the land. But it is equally clear that he is bound by taking the land with notice of the covenant.’

Malins VC
(1876) 3 ChD 694
Cited by:
CitedRhone and Another v Stephens HL 17-Mar-1994
A house was divided, the house being retained along with the roof over the cottage, and giving a covenant to repair the roof on behalf of the owner of the house. The cottage owner sought to enforce the covenant against a later owner of the house. . .

Lists of cited by and citing cases may be incomplete.


Updated: 22 December 2021; Ref: scu.260254