Tulk v Moxhay

In Tulk v Moxhay ((1848) 1 Hall & Twells 10547; ER 1345) Leicester Square had been sold to by T to E in fee simple. The conveyance included a covenant not to build on the land and only to use it as a pleasure garden. E sold the property to M who proposed to build on the land. T sought an injunction. The question was whether M had to observe the restriction and it was held that he did:

‘I consider that this piece of land is purchased subject to an equity created by a party competent to create it; that the present Defendant took it with distinct knowledge of such equity existing; and that such equity ought to be enforced against him, as it would have been against the party who originally took the land from Mr. Tulk.’ (at 116).

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