A question of identity
Series: Estates Gazette ; (0425) 19 June 2004, 169(1)Publication details: 2004Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67961 (Browse shelf(Opens below)) | 1 | Available | 126671-1001 |
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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.