Re Dolphin's Conveyance

Facts

Robert Dolphin, owner of Selly Hill Estate, Birmingham, died and the properties were sold in nine conveyances. The first four by his sisters, the last five by his nephew, all the same, with covenants about the house type to be built on each plot. The sellers covenants they would impose similar covenants on the other sale of plots. The current owner wished to redevelop in breach of covenants and asked whether they were enforceable.

Judgment

Stamp J held that even though there was no common vendor and the estate had not been laid out prior to sale, there was a building scheme created.