Tulk v. Moxhay
Court of Chancery, England
41 Eng. Rep. 1143 (1848)
Relevant factsFree
Tulk (plaintiff) sold a portion of his Leicester Square land to Elms subject to a covenant preserving the square garden and barring construction on it, and though Moxhay's (defendant) later deed from Elms's successors did not repeat that covenant, Moxhay took the land with actual knowledge of it and wished to build on the garden anyway.
IssueFree
Whether a covenant restricting use of a piece of land may be enforced against a subsequent purchaser of the land.