2) Covenants in equity:
assignment of that land, and may be said to run with it, without proof of any special bargain or representation on the assignment. (2) The covenantee of the land must have a legal estate in the land. Webb v Russell: a beneficiary under a trust is excluded as well as other equitable interests’ holders. (3) The assignee must have a legal estate in the land benefited; but not necessarily the same estate. Westhoughton UDC v Wigan Coal and Iron Co ltd: the covenantee and the successor in title must both have legal estate in land. (4) The benefit of the covenant must be intended to run with the covenantees land. Federated Homes v Mill Lodge Properties [1980]: the benefit of a covenant may pass to benefitted land even where that land has been subdivided. The benefit will pass to each part of land subdivided. * Burdens cannot pass at common law. Austerberry v Corporation of Oldham: Trustees had land conveyed to them, and in return, covenanted, on behalf of themselves and their heirs to keep the land in good repair (positive covenant). They failed to do so. Held: The common law will not impose obligations (to spend money) on third parties automatically, just as equity will not. Exceptions: Halsal v Brizell: There was a private road. It was agreed by the people who bought the houses on it that to use the roads they had to contribute to the cost of maintaining the road. One of the subsequent owners didn’t want to contribute to the roads upkeep. The court applied the doctrine of mutual benefit and burden holding if new owners wanted to use the road they must take the burden as well. Rhone v Stephens [1994] –Here the House of Lords confirmed the doctrine. One enjoys the benefits of land must also accept the burdens of the land.
2) Covenants in equity: * Benefits can pass in equity. There is three different ways in which a benefit of a covenant can pass in Equity. These were set out by Sir Charles Hall VC in Renals v Cowlishaw: - Assignment: when benefit expressly assigned at time of sale. Must be at same time as transfer of land. - Annexation: benefit attached to land at time made. Annexation involves attaching the benefit to the land forever so the covenant always goes with the land. Rogers v Hosegood: By wording that attaches the benefit of the covenant to the land. - Building Scheme: when new housing estate made and all houses have same covenants). All purchasers acquire their property from the same vendor. The vendor has divided the estate into 1
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2) Covenants in equity: * Benefits can pass in equity. There is three different ways in which a benefit of a covenant can pass in Equity. These were set out by Sir Charles Hall VC in Renals v Cowlishaw: - Assignment: when benefit expressly assigned at time of sale. Must be at same time as transfer of land. - Annexation: benefit attached to land at time made. Annexation involves attaching the benefit to the land forever so the covenant always goes with the land. Rogers v Hosegood: By wording that attaches the benefit of the covenant to the land. - Building Scheme: when new housing estate made and all houses have same covenants). All purchasers acquire their property from the same vendor. The vendor has divided the estate into 1
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