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