This website uses cookies to ensure you get the best experience on our website. Learn more

Re Nisbet and Potts’ Contract [1906] 1 Ch 386

By Oxbridge Law TeamUpdated 04/01/2024 07:01

Judgement for the case Re Nisbet and Potts’ Contract

Table Of Contents

  • A squatter who took title through adverse possession was held to be still subject to a covenant binding the dispossessed owner, and would bind all owners subsequent to the squatter who are not BF purchasers without notice (If they were BF purchasers without notice they would not be bound).

  • They are taken to have constructive notice. 

Collins MR

  • If there was a restrictive covenant “analogous to a negative easement, then the squatter would take the land subject to the paramount right created by the obligation imposed by the covenant which adhered to the land, and the burden of that covenant would pass to those persons who might become assignees of the land or might acquire in any way a title to the land.”

  • A BF purchaser without notice is availed of the covenant, but the burden is on the one claiming this to be the case, and this has not been achieved here. 

Any comments or edits about this case? Get in touch

For Further Study on Re Nisbet and Potts’ Contract

Land Law Notes
987 total pages
1286 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Land LawRestrictive Covenants Notes (38 pages)
Claim every advantage to get a first in law
Land Law Notes
987 total pages
1286 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...