Smith and Snipes Hall Farm v River Douglas Catchment Board [1949]

Facts

  • The defendant covenanted to repair flood defences in return for contributions from local residents
  • This covenant was breached, causing the claimant’s land to flood
  • The claimant was the successor in title of one of the covenantees (beneficiaries of the covenant)

Issue

  • Did the claimant have standing to sue?

Decision

  • Yes

Reasoning

  • The benefit of the covenant was clearly attached to the claimant’s land, so the benefit of the covenant passed at common law
RELATED CASE  Green v Ashco [1966]

Posted in Land Law Revision Notes.

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