chapter
Running the burden in equity
Pages 3

The burden of a covenant may run in equity under the rule in Tulk v Moxhay (1848). In Tulk, it was decided that a purchaser of land from the covenantor is bound by the covenant if he purchased the land with notice of the covenant. For covenants created before 1926, the rule as to notice remains the same, but covenants created after 1925 must be registered in order to bind the assignee of the covenantor. If title to the land is registered, the covenant should be entered as a notice at the Land Registry; if the land is unregistered it should be entered as a Class D(ii) land charge in the Land Charges Register.