ABSTRACT
In the above example, A is able to enforce the covenant against B because they are in privity of contract. However, if B covenanted for the benefit B, his successors in title and ‘the owners and occupiers of adjoining property’, the owners of adjoining land, may take the benefit of the covenant because the covenant has been made for their benefit (s 56 of the LPA 1925; White v Bijou Mansions (1938); Re Shaw’s Application (1995).
