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