Re Dolphin's Conveyance

Re Dolphin’s Conveyance
Court	High Court
Citation(s)	[1970] Ch 654
Keywords
Covenants

Re Dolphin’s Conveyance [1970] Ch 654 is an English land law case, concerning covenants.

Facts

Robert Dolphin, owner of Selly Hill Estate, Birmingham, died and the properties were sold in nine conveyances. The first four by his sisters, the last five by his nephew, all the same, with covenants about the house type to be built on each plot. The sellers covenants they would impose similar covenants on the other sale of plots. The current owner wished to redevelop in breach of covenants and asked whether they were enforceable.

Judgment

Stamp J held that even though there was no common vendor and the estate had not been laid out prior to sale, there was a building scheme created.

Cases on covenants

Smith and Snipes Hall Farm Ltd [1949] 2 KB 500

Law of Property Act 1925 s 56(1)

Contracts (Rights of Third Parties) Act 1999 s 1(1)

Tulk v Moxhay (1848) 2 Ph 774

Rhone v Stephens [1994] 2 AC 310

Law of Property Act 1925 s 79(1)

Morrells of Oxford Ltd v Oxford UFC [2001] Ch 459

LPA 1925 s 78(1)

Re Dolphin’s Conveyance [1970] Ch 654

Easements Reform (2008)

Wrotham Park Ltd v Parkside Homes Ltd [1974] 1 WLR 798

Law of Property Act 1925 s 84(1)

Notes

References

External links

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