Ratio Decidendi
A restrictive covenant (negative obligation) attached to land can be enforced against subsequent purchasers who take the land with notice of the covenant, in equity.
Fakty
Tulk sold a garden in Leicester Square to Elms, who covenanted to maintain it as a garden. The land passed through several hands until it was purchased by Moxhay, who intended to build on it. Moxhay had notice of the covenant.
Podsumowanie orzeczenia
Lord Cottenham LC held that equity would enforce the restrictive covenant against Moxhay because he had taken the land with notice of it. It would be inequitable to allow him to disregard the covenant.
Kluczowe cytaty
"If an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased."
— Lord Cottenham LC
Późniejsze zastosowanie
Foundation of the law of restrictive covenants in land law. The rules have been developed by subsequent cases and now require registration under the Land Registration Act 2002.