Court of Appeal (England)

Austerberry v Corporation of Oldham

(1885) 29 Ch D 75018851 min read
The case in brief30-second read
Facts
Land was conveyed to road trustees who covenanted to make and maintain a road. The land later passed to Oldham Corporation, against whom the covenant was sought to be enforced.
Issue
Whether the burden of a positive covenant runs with freehold land.
Held
The covenant to make and repair the road did not bind the successor. The burden of a positive covenant does not run with freehold land at law or in equity.
Principle
Positive covenants requiring money or work do not bind successors in title to freehold land.
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Facts

  • Land was conveyed to road trustees who covenanted to make and maintain a road. The land later passed to Oldham Corporation, against whom the covenant was sought to be enforced.

Issue

  1. Whether the burden of a positive covenant runs with freehold land.

Held

  • The covenant to make and repair the road did not bind the successor. The burden of a positive covenant does not run with freehold land at law or in equity.

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Citation

Austerberry v Corporation of Oldham (1885) 29 Ch D 750

Reported: https://swarb.co.uk/austerberry-v-oldham-corporation-ca-1882/ (English case; not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.