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Baxter v Four Oaks Properties [1965]

Facts

  • Land was sold off in plots by a common vendor
  • In violation of a covenant intended to be enforceable as part of a building scheme/scheme of development, one purchaser (the defendant) attempted to build a block of flats on his plot
  • Some claimants had purchased their plots before the defendants, and others afterwards

Issue

  • Which, if any, of the claimants had standing to obtain an injunction and/or damages against the defendant?

Decision

  • All of them

Reasoning

  • Where there is direct evidence of the creation of a building scheme, it is no necessary that plots are laid out in advance
  • Later purchasers may enforce common covenants against previously purchased plots
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