Churston Golf Club Ltd v Haddock

Covenant – Positive covenant. The proceedings, between the lessees of two adjacent pieces of land, arose from a conveyance which had included a covenant to fence. The terms of the covenant were not unusual or sufficient in themselves to convert what had been expressed to be a covenant into some form of easement. Accordingly, the Court of Appeal, Civil Division, allowed the defendant golf club's appeal against the decision that the relevant covenant in the conveyance had created a fencing easement and not merely a covenant to fence, so that its burden fell on, and was enforceable against, the golf club as the lessees of the servient tenement.

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