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Smith and Snipes Hall Farm v River Douglas Catchment Board [1949]


  • The defendant covenanted to repair flood defences in return for contributions from local residents
  • This covenant was breached, causing the claimant’s land to flood
  • The claimant was the successor in title of one of the covenantees (beneficiaries of the covenant)


  • Did the claimant have standing to sue?


  • Yes


  • The benefit of the covenant was clearly attached to the claimant’s land, so the benefit of the covenant passed at common law
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