Stansfield, Re [2018] EWHC 4018 (Ch) (06 March 2018)

Stansfield, Re [2018] EWHC 4018 (Ch) (06 March 2018)

The restrictive covenant in Clause 2(b) of the 1929 conveyance is annexed by statute under section 78 of the Law of Property Act 1925 to the land conveyed to Mr. and Mrs. Worthington in 1928, which is sufficiently ascertainable from the abstract of title. Therefore, the covenant remains enforceable by successors in title to the benefited land, and the court cannot declare under section 84(2) that the applicants' property is not affected by the covenant.

Citation
[2018] EWHC 4018 (Ch)
Parties
Applicant: John Stansfield; Applicant: Ruth Stansfield
Jurisdiction
England and Wales
Judgment Date
06 March 2018
Procedural Posture
Part 8 Claim (chancery Division) / Judgment on Application for Declaratory Relief Under Section 84(2) Law of Property Act 1925
Outcome
Claim dismissed
Legal Topics
Restrictive Covenants, Statutory Annexation, Enforceability of Covenants, Section 84 Law of Property Act 1925, Land Registration
Property Law Equity Restrictive Covenants Statutory Annexation Enforceability of Covenants Section 84 Law of Property Act 1925 Land Registration

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Parties

John Stansfield

Applicant

Ruth Stansfield

Applicant

Procedural Posture

Part 8 Claim (chancery Division) / Judgment on Application for Declaratory Relief Under Section 84(2) Law of Property Act 1925

Legal Issues

  1. 1 Whether the restrictive covenant in Clause 2(b) of the 1929 conveyance is enforceable against the applicants' land
  2. 2 Whether the benefit of the covenant was annexed to ascertainable land of the original covenantees or their successors
  3. 3 Whether a declaration under section 84(2) Law of Property Act 1925 should be granted

Ratio Decidendi

The restrictive covenant in Clause 2(b) of the 1929 conveyance is annexed by statute under section 78 of the Law of Property Act 1925 to the land conveyed to Mr. and Mrs. Worthington in 1928, which is sufficiently ascertainable from the abstract of title. Therefore, the covenant remains enforceable by successors in title to the benefited land, and the court cannot declare under section 84(2) that the applicants' property is not affected by the covenant.

Court Disposition

Claim dismissed