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Swift Investments v Combined English Stores Group [1989]

Facts

  • The defendant guaranteed that a lessee would comply with a covenant in their lease
  • The lessor assigned the benefit of the lease

Issue

  • Could the new landlord enforce against the guarantor?

Decision

  • Yes

Reasoning

  • The benefit of a covenant (in both leasehold and freehold estates) will pass if it touches and concerns the benefitted land
  • A benefit will touch and concern land if it affects the nature, quality, mode, use or value of the land benefited and benefits the land as opposed to a person
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