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.

All labels observed (1)

Label Occurrences
Tulk v Moxhay canonical 1

How this entity was disambiguated

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 ⓘ
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 ⓘ
Tulk ⓘ
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 ⓘ

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Court of Chancery → notableCase → Tulk v Moxhay ⓘ