ABSTRACT
The effects of the 1925 legislative reforms on restrictive covenants, respecting the ‘running of the burden’, as likewise for their discharge or modification, were fundamental. In consequence, the restrictive covenant no longer lay purely in the domain of Equity, for the control régime acquired a statutory appendage. Returning to the matter of the passing of the benefit from person to person it is worth while to reflect upon the care which was being taken to contain the restrictive covenant. Cases in the period reveal on the one hand a perception of the intrinsic value of the ‘building scheme’ and on the other an awareness also of its potency and hence of the need for clarity in the setting of its confines. The phraseology of the deed sufficiently intimated that the covenant related to the land of the covenantee and hence its benefit might run.
