A question of identity
Murdoch, S.
A question of identity - 2004 - Estates Gazette (0425) 19 June 2004, 169(1) .
Considers "Crest Nicholson Residential (South) Ltd v McAllister" ([2004] EWCA Civ 410, Abs65566) which questions the enforcement of a restrictive covenant where it is annexed to the land intended to be benefited. Where a restrictive covenant relates to the vendor's retained land, the Law of Property Act 1925 s78 annexes the benefit of the covenant to that land as land, a principle laid down in "Federated Homes Ltd v Mill Lodge Properties Ltd" (CA, [1979] 254 EG 39). However the document imposing the covenant must identify the land to be benefited. If not s78 of the 1925 Act will not apply.
CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
FEDERATED HOMES LTD V MILL LODGE PROPERTIES LTD
MARQUESS OF ZETLAND V DRIVER
RESTRICTIVE COVENANTS
REGISTERED TITLE
NEIGHBOURING LAND
LAW OF PROPERTY ACT 1925 S78
A question of identity - 2004 - Estates Gazette (0425) 19 June 2004, 169(1) .
Considers "Crest Nicholson Residential (South) Ltd v McAllister" ([2004] EWCA Civ 410, Abs65566) which questions the enforcement of a restrictive covenant where it is annexed to the land intended to be benefited. Where a restrictive covenant relates to the vendor's retained land, the Law of Property Act 1925 s78 annexes the benefit of the covenant to that land as land, a principle laid down in "Federated Homes Ltd v Mill Lodge Properties Ltd" (CA, [1979] 254 EG 39). However the document imposing the covenant must identify the land to be benefited. If not s78 of the 1925 Act will not apply.
CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
FEDERATED HOMES LTD V MILL LODGE PROPERTIES LTD
MARQUESS OF ZETLAND V DRIVER
RESTRICTIVE COVENANTS
REGISTERED TITLE
NEIGHBOURING LAND
LAW OF PROPERTY ACT 1925 S78