Morrells of Oxford Ltd v Oxford United Football Club [2001]
Facts
- Oxford United FC purchased land for their football club, along with a number of covenants
- One of the covenants, for the benefit of adjoining land, prevented the building of licensed premises (to sell alcohol) on the club’s land
Issue
- Could the neighbouring land, on which there was a public house, obtain an injunction to prevent the building of licensed premises by the club?
Decision
- No
Reasoning
- Although, under section 79 of the Law of Property Act 1925, a covenantor is deemed to covenant on behalf of himself and his successors, this is a word saving provision which will not apply where there is contrary intent
- As all but this covenant expressed that it would bind successors too, s 79 would not operate; there was an implied contrary intention
