When on the sale of the whole of a vendor’s land the purchaser enters into a covenant restricting the user of the land, the executor of the vendor cannot maintain an action for an injunction against an assign of the purchaser in respect of a breach of the covenant committed after the vendor’s death.
Such a covenant is merely personal and collateral, and the principle of
Tulle v. Moxhay, (1848) 2 Ph. 774, does not apply to it.
(1903) 2 Ch 539, [1903] UKLawRpCh 124
Commom lii
England and Wales
Cited by:
Cited – Bath Rugby Ltd v Greenwood and Others CA 21-Dec-2021
This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 23 December 2021; Ref: scu.670644