Re Ballard’s Conveyance [1937] Ch 473; [1937] 2 All ER 691
Property law – Restrictive covenants
Facts
A conveyance imposed building restrictions on the land sold. The covenant was made with Emily Harriet Ballard and her heirs, assigns and successors in title as owners of the Childwickbury Estate. The estate extended to approximately 1,700 acres. The dispute concerned whether the benefit of the covenant ran with that estate so that successors in title could enforce it.
Issue
Whether the covenant touched and concerned the land intended to benefit, and whether its benefit could therefore be annexed to the estate.
Decision/Outcome
Clauson J accepted that the covenant was expressed to benefit the vendor as owner of a particular property. However, the evidence showed that it did not touch or concern the largest part of the 1,700-acre estate. Its benefit could not therefore be annexed to the estate as a whole merely through the reference to the vendor’s heirs, assigns and successors in title.
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The land intended to benefit had to be capable of benefiting from the restriction. Express wording linking the covenant to ownership of an estate did not by itself satisfy that requirement.
