Elliston v Reacher [1908]

The case upheld the validity of a scheme of development. Parker J found 4 separate requirements for such a scheme:

  1. The claimant and defendant purchased land from a common vendor
  2. The common vendor set out plots of land in advance of sale, with common restrictions to be imposed
  3. The common restrictions were to be imposed and for the benefit of all lots intended to be sold or retained
  4. The claimant and defendant purchased their plots knowing that the common restrictions were to enure through their purchases – this final requirement may be inferred from the first 3
RELATED CASE  Moncrieff v Jamieson [2007]

Posted in Land Law Revision Notes.

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