Re Union of London & Smith’s Conveyance [1933] Ch 611

CA held that Where on a sale NOT under a building scheme a restrictive covenant is taken, the benefit of which is not on the sale annexed to the land retained by the covenantee so as to run with it, an assign of the covenantee's retained land cannot enforce the covenant against an assign (taking with notice) of the covenantor unless he can show:

1. That the covenant was taken for the benefit of ascertainable land of the covenantee capable of being benefited by the covenant, and

2. That he (the covenantee's assign) is an express assign of the benefit of the covenant.

But once the covenantee has parted with the whole of his retained land he cannot thereafter effectually assign the benefit of the covenant. (Romer LJ)