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London County Council v Allen [1914]


  • Three houses had been built on land reserved for a roadway, in breach of covenant


  • Could the covenant be enforced by way of an injunction to demolish the houses?


  • No


  • There must exist land which can benefit from a covenant for its burden to pass to successors
  • As the Council owned no land which could benefit from the covenant, the covenant was unenforceable
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