London County Council v. Allen L.R. [

1914] 3 K.B. 642, Ann.Cas.1916C 932

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Nature of the Case

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Facts

The London County Council (P) entered into an agreement with Allen (D), in which D bound himself, his heirs and assigns to refrain from building on certain portions of the land at issue without P's prior permission. The portions of the land subject to the covenant were to be used by P to build public roads. D built a wall on part of the land (Plot No. 2). Another part, Plot No. 1, had been conveyed to one Norris as mortgagee, who had no knowledge of the covenant. D's wife had equity of redemption in Plot No. 1, and built three houses on it, in violation of the covenant with P. P sued for an injunction to remove the wall and the houses. D argued that the covenant was personal to D and did not run with the land and that Norris and Mrs. Allen were innocent purchasers for value, and could not be bound by the covenant. The lower court found for P: With respect to the first contention, the lower court found that the duties of P in constructing and maintaining public roads allowed it to make the covenant binding on the successors of the original covenantor. With respect to the second contention, the court found that there was no evidence that Norris and Mrs. Allen were without notice of the covenant. D appeals, arguing that P cannot enforce the covenant because it does not own any land adjoining D's. The parties agree that the covenant does not run with the land at law.