ABSTRACT
In the leading case of Tulk v Moxhay,4 equity introduced what was then a revolutionary principle, to the effect that the burden of a restrictive covenant entered into by the owner of Whiteacre with the owner of neighbouring Blackacre imposes an equitable burden on Whiteacre which is enforceable against all successors in title, except for a bona fide purchaser for value of the legal estate in Whiteacre having no notice of the covenant. In other words, where the covenant is restrictive, the common law rule that the burden of a freehold covenant does not run with the burdened land is outflanked, and equity will enforce the covenant against successors in title by granting an injunction to restrain any breach. The rule in Tulk v Moxhay introduced a new right of property, since its effect was that a restrictive covenant was not only enforceable against the original covenantor as a contract, but became an incumbrance on the land binding on successors in title of the covenantor.
