Facts
- 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)
Issue
- Did the claimant have standing to sue?
Decision
- Yes
Reasoning
- The benefit of the covenant was clearly attached to the claimant’s land, so the benefit of the covenant passed at common law
