Court High Court End date 1957 | Citation(s) [1957] Ch 169 | |
Similar Tulk v Moxhay, Smith and Snipes Hall Farm Ltd, Wrotham Park Estate Co Ltd v, Re Ellenborough Park | ||
Halsall v Brizell [1957] Ch 169 is an English land law case, concerning the enforceability of a covenant that required positive obligations.
Contents
Facts
Homebuyers on a Liverpool estate got the right to use estate roads, drains, the promenade, and sea walls subject to the obligation to contribute to repair and upkeep. Brizell, a successor of an original purchaser, claimed he should not need to pay. (This was a positive covenant.)
Judgment
Upjohn J held that he could not claim the benefit of the facilities without having to pay as well. He could not exercise the rights without paying his costs of ensuring that they could be exercised.
Significance
The case was approved by Rhone v Stephens, but also distinguished. Lord Templeman said the following.
References
Halsall v Brizell Wikipedia(Text) CC BY-SA