Tulk v Moxhay explained: purchasers with notice only take subject to restrictive covenants

In Haywood v The Brunswick Permanent Building Society ((1881 – 82) L.R. 8 Q.B.D. 403, CA (Eng)) E covenanted with C that E would keep in repair the houses on the land conveyed to him. The building society and H were the successors in title of E and C respectively. H brought proceedings against the building society for breach of the repairing covenant. These failed. The equity referred to in Tulk v Moxhay only arose where the covenants in question were restrictive covenants and the purchaser took with notice of them.


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