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Federated Homes v Mill Lodge Properties

[1980] 1 WLR 594

Case summary last updated at 08/01/2020 19:09 by the Oxbridge Notes in-house law team.

Judgement for the case Federated Homes v Mill Lodge Properties

D purchased land from X subject to a covenant that “the purchaser” would not build above a certain density, so that X would still be able to build easily on the land that X retained. X sold to P who sought to enforce the covenant. CA found for P, saying that even in the absence of express words, s.78 LPA 1925 had the effect of annexing the benefit of the covenant to the land. 
 
Brightman LJ: Providing the covenant in question related to the covenantee’s land, the section annexed the benefit to the land. 

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