Newton Abbot v Williamson & Treadgold [1952] Ch 286

Chancery Division

Basic Facts: V conveyed premises to Y with a covenant not to run an ironmonger's business. V’s son later assigned this covenant to C, who sought to enforce it against D, who started a hardware business.

Issue for the Court: When can the benefit of a covenant be assigned?

Held: The court upheld a restrictive covenant that ran with the land, emphasizing that a business covenant could bind successors.

• Upjohn J held: The benefit of a covenant can be assigned if it is for the benefit of land and the land is ascertainable or certain. The lack of direct mention in the conveyance does not negate the assignment if the benefit is sufficiently defined.