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Re Buchanan-Wollaston’s Conveyance [1939]

Facts

  • 4 owners of land with sea views purchased (as joint tenants) the strip of land separating all of their houses from the sea, such that their view of the sea would remain unrestricted
  • Each of the owners entered into a deed of covenant preventing 1 owner from selling without the consent of the others

Issue

  • Could 1 of the owners (1 of the 4 trustees) obtain a court order sell the land?

Decision

  • No

Reasoning

  • The purpose of the trust (to provide an unrestricted sea view) would be undermined and the court would be assisting a breach of contract if a sale was ordered under the trusts for sale system
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