Tulk v. Moxhay

Citation

[1848] 2 Ph. 774 (Ch.)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

A restrictive covenant runs with the land in equity if the subsequent purchaser had notice of it; equity will enforce the covenant against one who takes with notice even absent privity of contract.

Significance

Foundational English case creating the doctrine of equitable servitudes; allows restrictive covenants to bind successors who take with notice.

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