Roake v Chadha [1984]

Facts

• The claimants owned a large area of land which was to be sold off in plots
• The defendants purchased a plot of land
• The conveyance’s standard terms included a covenant not to build more than 1 dwelling house on any single plot of land where there was express assignment
• The defendant’s conveyance did not convey the benefit of the covenant expressly

Issue

• Was the covenant enforceable?

Decision

• Yes

Reasoning

• Section 78, unlike section 79, of the Law of Property Act 1925 annexes the benefit of a covenant even with a contrary intention