ABSTRACT
The common law rule that the burden of a covenant does not run with the land was regarded as operating unfairly where the covenant was restrictive in nature and where the purchaser of the land burdened purchased with notice of the restriction. As a result, equity developed the rule in Tulk v Moxhay (1848), which is authority that, in equity, the burden of a restrictive covenant runs with the land because it is seen to be against conscience for the outcome to be otherwise where the covenant is restrictive and where the current owner purchased with notice, whether actual, constructive or imputed, of the restriction.
