“…nt is a form of contractual promise, and at common law a person was not (generally) bound by a contract unless they were party to the contract: Rhone v Stephens[1994] 2 AC 310 at 316H per Lord Templeman. But under the principle in Tulk v Moxhay (1848) 2 Ph 774, a covenant will be enforced in equity against a purchaser of land (and ot…”
“…d have passed to the Golf Club under s.79. That part of Judge Carr’s reasoning was, he said, contrary to the decision of the House of Lords in Rhone v Stephens [1994] 2 AC 310.…”
“…This is not the same as the situation in Rhone v Stephens [1994] 2 AC 310 . In that case the House of Lords held that section 79 of the Law of Property Act 1925 , which is essentially a word saving provision making it unnecessary to …”
“… was an adjunct to the benefit of a right of way allowing a dominant party to give up the right and by doing so to escape the obligation. (See Rhone v Stephens [1994] 2 AC 310). Without the benefit of a right of way, any successors in title to the yellow land, take without the burden of the contribution to repair, contrary to the wor…”