A company had acquired a building estate and had underleased four plots to Cubbin for 999 years. The underlessors arranged for the defendant company to build houses on the four plots. The defendant company covenanted with Cubbin to keep the adjacent road in repair until adopted. Cubbin granted a weekly tenancy of one house to the plaintiff without any express assignment of the benefit of the covenant. The plaintiff was injured owing to the disrepair of the road. She was held entitled to recover damages from the defendant for breach of the covenant.
(1951) 19 Conveyancer 262
England and Wales
Land
Updated: 06 January 2022; Ref: scu.670642