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Crest Nicholson Residential (South) Ltd v McAllister [2004]


  • A purchaser purchased land subject to a restrictive covenant
  • The covenant did not disclose the extent of the benefitted land


  • Was the covenant enforceable?


  • No


  • It would be oppressive for a purchaser to have to establish the extent of the benefit of a covenant; the land benefitted must be easily ascertainable – it wasn’t on these facts
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