Enforcing covenants
Enforcing covenants
- 1994
- Times 18 March 1994, 34 Independent 23 March 1994, 13(2) .
Rhone & another v Stephens (executrix)" HL 17 March 1994. Affirming the rule established by "Austerberry v Oldham Corporation" (1885), and dismissing an appeal by the plaintiffs, HL held that equity would enforce negative covenants against freehold land, but not positive ones against successors in title of that land.
AUSTERBERRY V OLDHAM CORPORATION 1885
NEGATIVE COVENANTS
POSITIVE COVENANTS
SUCCESSORS IN TITLE
Rhone & another v Stephens (executrix)" HL 17 March 1994. Affirming the rule established by "Austerberry v Oldham Corporation" (1885), and dismissing an appeal by the plaintiffs, HL held that equity would enforce negative covenants against freehold land, but not positive ones against successors in title of that land.
AUSTERBERRY V OLDHAM CORPORATION 1885
NEGATIVE COVENANTS
POSITIVE COVENANTS
SUCCESSORS IN TITLE