References: [1822] EngR 457, (1822) 2 My & K 552, (1822) 39 ER 1055
Links: Commonlii
Coram: Lord Eldon
Where land is conveyed in fee, by deed of feoffment, subject to a perpetual ground rent, and the feoffee covenants for himself, his heirs and assigns, with the feoffor, the owner of adjoining lands, his heirs, executors, administrators, and assigns, not to use the land in a particular manner, with a view to the more ample enjoyment by the feoffor of such adjoining lands, and the subsequent acts of the feoffor, or of those claiming under him, have so altered the character and condition of the adjoining lands that, with reference to the land conveyed, the restriction in the covenant ceases to be applicable according to the intent and spirit of the contract, a Court of Equity will not interpose to enforce the covenant but will leave the parties to law.
Whether upon such a covenant there could be any remedy at law against the assigns of the covenantor, quaere.
This case is cited by:
- Cited – Tulk -v- Moxhay ((1848) 2 Ph 774, [1848] 1 H & TW 105, [1848] 18 LJ Ch 83, [1848] 13 LTOS 21, [1848] 13 Jur 89, [1848] 41 ER 1143 LC, (1848) 11 Beavan 571, Bailii, [1848] EWHC Ch J34, [1848] EngR 1005, Commonlii, (1848) 11 Beav 571, (1848) 50 ER 937, [1848] EngR 1059, Commonlii, (1848) 1 H & Tw 105, (1848) 47 ER 1345, [1848] EngR 1065, Commonlii, (1848) 41 ER 1143)
A, being seised of the centre garden and some houses in Leicester Square, conveyed the garden to B in fee, and B covenanted for himself and his assigns to keep the garden unbuilt upon.
Held: A purchaser from B, with notice of the covenant, was . . - See Also – The Duke of Bedford -v- British Museum (Commonlii, [1822] EngR 456, (1822) 1 Coop T Cott 90, (1822) 47 ER 761 (B))
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