Tulk v Moxhay
E628502
Tulk v Moxhay is an 1848 English Court of Chancery decision that established the enforceability in equity of restrictive covenants against subsequent purchasers of land who have notice of them.
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
Court of Chancery decision
ⓘ
English court case ⓘ land law case ⓘ leading case ⓘ |
| appliesTo |
restrictive covenants
ⓘ
successors in title ⓘ |
| areaOfLaw |
equity
ⓘ
land law ⓘ property law ⓘ |
| bindingOn | subsequent purchasers with notice ⓘ |
| category |
1848 in case law
ⓘ
Court of Chancery cases ⓘ English property case ⓘ |
| citationStatus | leading authority on restrictive covenants ⓘ |
| country |
England
ⓘ
United Kingdom ⓘ |
| court | Court of Chancery NERFINISHED ⓘ |
| covenantType | negative covenant ⓘ |
| dateDecided | 1848 ⓘ |
| decisionYear | 1848 ⓘ |
| enforcedBy | court of equity ⓘ |
| established | enforceability in equity of restrictive covenants against subsequent purchasers with notice ⓘ |
| holding |
a purchaser of land with notice of a restrictive covenant will be restrained in equity from acting in breach of it
ⓘ
the burden of a restrictive covenant can run in equity to bind successors in title who take with notice ⓘ |
| influenced |
development of the law of covenants running with land
ⓘ
equitable servitudes doctrine in common law jurisdictions ⓘ modern English land law ⓘ |
| jurisdiction | England and Wales ⓘ |
| keyConcept |
burden of a covenant running in equity
ⓘ
notice in equity ⓘ restrictive covenant binding successors ⓘ |
| language | English ⓘ |
| legalPrinciple | restrictive covenants may be enforced in equity against subsequent purchasers with notice ⓘ |
| legalSystem | common law ⓘ |
| notedFor |
distinguishing between legal and equitable enforcement of covenants
ⓘ
foundation of the modern doctrine of restrictive covenants in English law ⓘ |
| party |
Moxhay
NERFINISHED
ⓘ
Tulk NERFINISHED ⓘ |
| remedy | injunction ⓘ |
| requires |
notice of the covenant
ⓘ
that the covenant be intended to benefit land retained by the covenantee ⓘ that the covenant be restrictive in nature ⓘ |
| subjectMatter |
agreement to keep land as an open garden or square
ⓘ
use of land in Leicester Square, London ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.