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Tulk v Moxhay (1848)

Facts

  • Tulk sold a plot of land at Leicester Square to a purchaser, who covenanted not to build on the Square (restrictive covenant)
  • Moxhay, after several transfers, became the rightful owner of the land sold by Tulk
  • Moxhay refused to comply with the restrictive covenant, even though he knew of its existence when he purchased the land

Issue

  • Could Tulk obtain an injunction to prevent Moxhay from building on the square?

Decision

  • Yes

Reasoning

  • Where a purchaser has actual buy alprazolam from india notice of a restrictive covenant, he will be bound by it
  • Note: this requirement has now been replaced with a requirement of registration for covenants created after 1925
    • Unregistered land – record as a class d(ii) land charge under the Land Charges Act 1972
    • Registered land – record as a notice on the charges register of the burdened land
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