Gary was registered proprietor of a very large house and extensive grounds. Five years ago, Gary
divided the house so as to create two separate dwellings. He retained one of the dwellings and named
it North House. He sold the other dwelling, which he named South House, to Henry. Henry was
registered as proprietor of South House.
The deed of transfer of South House was signed by Gary and Henry. It conferred on Henry the right to
use the tennis court located in the grounds of North House, and it contains the following covenants:
‘Henry covenants on behalf of himself and the future owners of South House:
(1) not to make any structural alterations to South House without first obtaining the consent of the
owner of North House;
(2) to pay half the annual maintenance costs of the tennis court in the grounds of North House.’
Gary entered a notice of the burden of the covenants on the Charges Register of South House.
Two years ago, Gary sold North House and its grounds to Ian, who was registered as its proprietor.
Last year, Henry sold South House to John, who was registered as its proprietor.
Yesterday, Ian returned from a two - month business trip. He was angry to discover that builders
employed by John are in the process of making very significant structural alterations to South House.
John did not obtain Ian’s consent to these alterations. He is also annoyed that John uses the tennis
court but refuses to pay half the annual maintenance costs.
Advise the parties:
(i) whether John is subject to the burden of covenant (1) in equity;
(ii) whether Ian has acquired the benefit of covenant (1) in equity;
(iii) whether John is subject to the burden of covenant (2) at common law;
(iv) whether Ian has acquired the benefit of covenant (2) at common law;
(v) what remedies are available to Ian.
divided the house so as to create two separate dwellings. He retained one of the dwellings and named
it North House. He sold the other dwelling, which he named South House, to Henry. Henry was
registered as proprietor of South House.
The deed of transfer of South House was signed by Gary and Henry. It conferred on Henry the right to
use the tennis court located in the grounds of North House, and it contains the following covenants:
‘Henry covenants on behalf of himself and the future owners of South House:
(1) not to make any structural alterations to South House without first obtaining the consent of the
owner of North House;
(2) to pay half the annual maintenance costs of the tennis court in the grounds of North House.’
Gary entered a notice of the burden of the covenants on the Charges Register of South House.
Two years ago, Gary sold North House and its grounds to Ian, who was registered as its proprietor.
Last year, Henry sold South House to John, who was registered as its proprietor.
Yesterday, Ian returned from a two - month business trip. He was angry to discover that builders
employed by John are in the process of making very significant structural alterations to South House.
John did not obtain Ian’s consent to these alterations. He is also annoyed that John uses the tennis
court but refuses to pay half the annual maintenance costs.
Advise the parties:
(i) whether John is subject to the burden of covenant (1) in equity;
(ii) whether Ian has acquired the benefit of covenant (1) in equity;
(iii) whether John is subject to the burden of covenant (2) at common law;
(iv) whether Ian has acquired the benefit of covenant (2) at common law;
(v) what remedies are available to Ian.
