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Spoor v Green; CExC 1874

References: (1874) LR 9 Ex 99
Coram: Kelly CB, Cleasby, Bramwell BB
There had been an assignment of a lease of coal mines but at the time of the conveyance to the plaintiff, the coals had already been substantially worked out. The grantor did not have title in the coals and was in breach of the covenant of title. The plaintiff bought the land and built houses upon it. The houses were damaged by subsidence caused by the underground mining.
Held: There had been no breach of the covenant for quiet enjoyment which had been given by the vendor.
Cleasby B said: ‘It seems to me impossible to say that there is a breach of covenant for quiet enjoyment by reason of the subsidence of the house in consequence of the previous removal of the coal. This subsidence of the house was a necessary consequence of the condition of the property bought by the plaintiff.’
Bramwell B took the view that a breach of covenant for title was a once for all breach and completed at the time when the assignment was executed and hence would have been statute-barred. Kelly CB differed, held that it was a continuous breach. He drew a distinction between a covenant for title and a covenant for quiet enjoyment.
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