8 - covenants

Question 1

test for touch and concern case

Answer 1

Lord Oliver in swift Investments v combined English stores
could the covenant benefit any successor
does the covenant affect the nature, quality or value of land
is the covenant expressed to be personal

Question 2

best advice to follow Wilberforce J in …

Answer 2

Marten v Flight Refueling

Question 3

running of benefit at common law
The defendant covenanted to repair flood defences in return for contributions from local residents. This covenant was breached, causing the claimant’s land to flood. The claimant was the successor in title of one of the covenantees. Held: The benefit of the covenant was clearly attached to the claimant’s land, so the benefit of the covenant passed at common law.

Answer 3

Smith & Snipes Hall Farm v River Douglas

Question 4

equity will pass burden if 4 requirements from which case are met

Answer 4

Tulk v Moxhay