What is the ratio in Austerberry v Oldham Corporation?

The burden of positive covenants cannot run with freehold land at law or in equity to bind successor landowners who were not original parties to the covenant.

What did the court decide in Austerberry v Oldham Corporation?

The Court of Appeal held that Austerberry was not bound by his predecessor's positive covenant to maintain the road, as positive covenant burdens do not run with freehold land.

Why is Austerberry v Oldham Corporation important for Land Law?

It established the fundamental rule preventing positive covenant burdens from running with freehold land, creating a cornerstone principle that still shapes modern conveyancing practice.

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