Marquess of Zetland v Driver [1939]

This case found that where a covenant benefits part of land, it will be deemed to benefit the whole of that land via express annexation. Although, that land must be easily ascertainable. In the reverse situation, a covenant for the benefit for the whole of some land must specify that it is for the any part of subsequently divided land.

The latter division point has been overruled by Federated Homes v Mill Lodge Properties [1980].

RELATED CASE  Glass v Kencakes [1966]

Posted in Land Law Revision Notes.

This page was last updated on 27th April 2015

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