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Tulk v Moxhay : ウィキペディア英語版 | Tulk v Moxhay
''Tulk v Moxhay'' (1848) 41 ER 1143 is a landmark English land law case that decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity. ==Facts== In 1808, Charles Augustus Tulk, the owner of several parcels of land in Leicester Square,〔'Leicester Square Area: Leicester Estate', ''Survey of London: volumes 33 and 34: St Anne Soho'' (1966), pp. 416-440. URL: http://www.british-history.ac.uk/report.aspx?compid=41119 Date accessed: 23 February 2012.〕 sold a plot to another party, making a covenant to keep the Garden Square "uncovered with buildings" such that it could remain a pleasure ground. Over the following years the land was sold several times over to new parties, eventually to the defendant. The defendant, who was aware of the covenant at the time of purchase, refused to abide by the covenant as he claimed he was not in privity of contract and so was not bound by it.
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