Rhone and another v Stephens
Rhone and another v Stephens
- 1994
- Weekly Law Reports 1994 2 WLR 429-438(11) .
HL 17 March 1994. In dismissing the appeal by the plaintiffs to enforce the restrictive covenant to repair the roof, it was held that although negative covenants are enforcable against freeholders, positive ones against successors in title under common law are not. "Austerberry v Oldham Corporation" (1865) principle confirmed.
AUSTERBERRY V OLDHAM CORPORATION
FREEHOLD LAND
NEGATIVE COVENANTS
POSITIVE COVENANTS
RESTRICTIVE COVENANTS
SUCCESSORS IN TITLE
VENDOR AND PURCHASER
HL 17 March 1994. In dismissing the appeal by the plaintiffs to enforce the restrictive covenant to repair the roof, it was held that although negative covenants are enforcable against freeholders, positive ones against successors in title under common law are not. "Austerberry v Oldham Corporation" (1865) principle confirmed.
AUSTERBERRY V OLDHAM CORPORATION
FREEHOLD LAND
NEGATIVE COVENANTS
POSITIVE COVENANTS
RESTRICTIVE COVENANTS
SUCCESSORS IN TITLE
VENDOR AND PURCHASER