Rhone v Stephens [1994] 2 AC 310

House of Lords

Basic Facts: X sold a smaller dwelling with a covenant to maintain part of the roof overhanging from a larger retained dwelling. The roof leaked, and C, assigned the benefit of the covenant, sued for breach.

Issue for the Court: Can positive obligations run with the land?

Held : The court ruled that positive covenants do not run with the land and cannot bind successors in title unless expressly agreed upon.

(Lord Templeman):

• Positive covenants do not run with the land in equity. Only restrictive covenants can bind successors in title. Positive covenants are enforceable only against the party who originally agreed to them, not their successors.