Roake v Chadha [1984]

Facts

  • The claimants owned a large area of land which was to be sold off in plots
  • The defendants purchased a plot of land
  • The conveyance’s standard terms included a covenant not to build more than 1 dwelling house on any single plot of land where there was express assignment
  • The defendant’s conveyance did not convey the benefit of the covenant expressly

Issue

  • Was the covenant enforceable?

Decision

  • Yes

Reasoning

  • Section 78, unlike section 79, of the Law of Property Act 1925 annexes the benefit of a covenant even with a contrary intention
RELATED CASE  Edwards v Lloyds TSB [2004]

Posted in Land Law Revision Notes.

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