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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)
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