London CC v Allen [1914] 3 KB 642

Key point
  • When a covenant is annexed to the benefiting land, the covenantee cannot enforce a covenant one it has sold off the benefiting property
Facts
  • Allen promised London City Council that he will not build on a strip of land needed for the continuation of a road
  • Allen conveyed the burdened land to his wife D who proceeded to build on it
  • The London CC had sold the land benefiting from the covenant, but nonetheless sued to enforce it
Held (Court of Appeal)
  • C could not enforce the covenant because it had sold the benefiting land
  • A claimant must have title to the dominant land to a restrictive covenant
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