London County Council v Allen [1914]

Facts

  • Three houses┬áhad been built on land reserved for a roadway, in breach of covenant

Issue

  • Could the covenant be enforced by way of an injunction to demolish the houses?

Decision

  • No

Reasoning

  • There must exist land which can benefit from a covenant for its burden to pass to successors
  • As the Council owned no land which could benefit from the covenant, the covenant was unenforceable
RELATED CASE  Barclays Bank v O'Brien [1994]

Posted in Land Law Revision Notes.

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