Miles v Easter [1933]

Facts

  • The land benefitted by a covenant was subdivided

Issue

  • Did the covenant benefit the parts of subdivided land?

Decision

  • No

Reasoning

  • At common land, subdivision of benefiting land is fatal to that covenant, preventing ‘parts of’ the benefit from being assigned
  • Where the benefit or burden of a covenant passes either at common law or in equity, the other of the benefit or burden must also pass in the same way (at common law or in equity)
RELATED CASE  Wilkes v Spooner (1911)

Posted in Land Law Revision Notes.

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