In re Gadd’s Land Transfer

Subject Matter

PRACTICE — Originating summons — Future question — Whether restrictive covenants would be enforceable against intending purchaser of land if contract of sale completed — Jurisdiction of court to determine — RSC, Ord 5 r 4

[1966] Ch 56; [1965] 3 WLR 325

RESTRICTIVE COVENANT — Enforceability — Jurisdiction to determine — Declaration under Law of Property Act, 1925, s 84 — Original covenantor still owner of burdened land — Application by intending purchaser from original covenantor for declaration that covenant not enforceable — Whether a future question — Law of Property Act, 1925, s 84 (2) — RSC (Rev 1965), Ord 5, r 4

[1966] Ch 56; [1965] 3 WLR 325

RESTRICTIVE COVENANT — Enforceability — Owner of site of right of way, by — Covenants restricting building on and user of land having right of way over road — Benefit of covenant assigned to owner of road — Contemplated breach increasing traffic over road — Whether sufficient benefit to entitle owner of road to enforce covenants

[1966] Ch 56; [1965] 3 WLR 325