Rhone v Stephens

Facts

Walford House had a house and, under the house’s roof there was a cottage. When the cottage was sold, the house owner covenanted to keep the roof in repair. The roof fell into disrepair and the cottage owner wished to sue the successor in title to come good on the covenant.

Judgment

Lord Templeman held that the covenant could not be enforced because the covenant was positive. His judgment said the following.

He also rejected that the benefit and burden principle could be taken to its logical conclusion to enforce the carrying out of independent positive obligations.