What is the ratio in Tulk v Moxhay?

Negative restrictive covenants can be enforced in equity against successors in title to freehold land, provided the successor had notice of the covenant and it was intended to run with the land.

What did the court decide in Tulk v Moxhay?

The court granted an injunction preventing Moxhay from building on land subject to a restrictive covenant to maintain it as a garden, despite him not being the original covenantor.

Why is Tulk v Moxhay important for land law?

It established the equitable doctrine allowing restrictive covenants to run with freehold land, filling a gap left by common law and forming the foundation of modern restrictive covenant law.

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