Rhone v Stephens
Rhone v Stephens
- 1994
- Property and Compensation Reports (1994) 67 P&CR 9-17(9) .
CA 15 January 1993. The court examined the construction of the original conveyance to establish the ownership of a roof and the onus of a repairing covenant. The covenant could not be enforced by principle of benefit and burden and "Austerberry v Oldham Corporation" (1885) was cited.
BENEFIT AND BURDEN
CONVEYANCE
COVENANTS
EASEMENTS
ESTOPPEL
LEAKAGE
REPAIRS
BUILT ENVIRONMENT-BUILDING ELEMENTS-COMPLETE BUILDING ELEMENTS-ROOFS
TITO V WADDELL
CA 15 January 1993. The court examined the construction of the original conveyance to establish the ownership of a roof and the onus of a repairing covenant. The covenant could not be enforced by principle of benefit and burden and "Austerberry v Oldham Corporation" (1885) was cited.
BENEFIT AND BURDEN
CONVEYANCE
COVENANTS
EASEMENTS
ESTOPPEL
LEAKAGE
REPAIRS
BUILT ENVIRONMENT-BUILDING ELEMENTS-COMPLETE BUILDING ELEMENTS-ROOFS
TITO V WADDELL