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Roake v Chadha [1984]


  • 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?


  • Yes


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