There is no fourth way of transferring the benefit of restrictive covenants outside of annexation, assignment and building scheme
Facts
An estate was originally subject to a building scheme imposed by the vendor
The purchasers were unsatisfied with the restrictions
The purchasers executed a mutual deed of covenant that stated that existing covenants were to be removed and replaced by new covenants
Held (High Court)
The purported covenants did not take effect
Wynn-Parry J
The pre-existing building scheme was brought to an end by the deed
There are 3 ways of running the benefit, none are present
a building scheme,
any annexation by proper words of annexation, or
any complete chain of assignments
But D argues that she is entitled to benefit as the provisions of the deed show that the parties should be mutually bound which allows the transfer of benefit
However, there is no 4th way to transfer the benefit of a restrictive covenant