Tulk v. Moxhay [1848] 41 ER 1143
Tulk v. Moxhay is a seminal English case in property law that established the principle that restrictive covenants can 'run with the land,' binding subsequent purchasers.
Can a restrictive covenant preventing the construction of buildings run with the land and be enforceable against a purchaser who has notice of the covenant, but who is not a party to the original covenant?
A restrictive covenant that affects the use of land can be enforced in equity against a subsequent purchaser who has notice of the covenant, even if there is no direct contractual privity between the original covenantor and the subsequent purchaser.
The Court of Chancery held that the covenant was enforceable against Moxhay. Since Moxhay purchased the land with sufficient notice of the covenant's existence, equity required him to uphold the restriction.
Tulk v. Moxhay is critical for law students as it lays down the foundations for understanding how equitable servitudes operate and are enforced. The case underscores the role of notice in determining the enforceability of these covenants and illustrates the distinction between legal and equitable interests in property. This doctrine influences both contract and property law aspects, serving as precedent for subsequent case laws involving land restrictions, significantly impacting urban planning and real estate development.