Restrictive Covenants

Restrictive Covenants

Forming a Valid Covenant #

  • Keppell v Bailey

    This case considers the enforceability of a covenant between the owners of an ironworks and a railway constructed to transport limestone for use in the ironwork's furnaces. The court addresses the question of whether the covenant can be enforced against subsequent owners of the ironworks.

  • Tulk v Moxhay

    Tulk sold land Leichester Square to Elms under a covenant that Elms would maintain the square. Moxhay subsequently purchased the land from Elms, with notice of the covenant. Moxhay sought to build on the square.

  • Austerberry v Corporation of Oldham

    The plaintiffs brought an action to enforce the burden of positive a covenant to maintain a road. The court addresses the questions of when either the benefits or the burdens of a covenant can run with the land.

Restrictive Covenants and Public Policy #

  • Re Drummond Wren

    Lands purchased by Drummond Wren included a racially restrictive covenant. He sought to have the covenant declared invalid.

  • Noble et al v Alley

    A racially restrictive covenant concerned land forming part of a summer resort development.