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Rhone and another v Stephens

Language: English Series: Weekly Law Reports ; 1994 2 WLR 429-438(11)Publication details: 1994Subject(s): Summary: 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.

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.