Principles of Contract a Treatise On the General Principles Concerning the Vali

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Principles of Contract a Treatise On the General Principles Concerning the Vali
Frederick Pollock
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Commis- ownership on the property on which sioners, in 1 I)av. Con v. Austerherry the payment is secured. V. Corporation of Oldham (1885) 29 ((•) Bower V. Cooper (1842) 2 Ha. Cli. Div. 750.
408, 11 L. J. Ch. 287. (o) Aspden v. Seddon (1876) 1 Ex.
(A-) 1 Wnis. Saund. 303. Div. 496, 509, 46 L. J. Ex. 353.
COVENANTS RUNNING WITH LAND. 227 covenant against assignees who have actual or constructive (/ ) notice of it ; and when the covenant is for the benefit of other land (as in practice is commonly
... the case) the benefit generally though not always runs with that other land.
Explanation. Let us call the land on the use of which a restriction is imposed by covenant the quasi-servient tenement, and the land for whose benefit it is imposed the quasi-dominant tenement. Now restrictive covenants may be entered into (1) By a vendor as to the use of other land retained or simultaneously sold, for the benefit of the land sold by him : In this case the burden runs with the quasi-servient tenement and the benefit also runs with the quasi-dominant tenement.


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