Decided 3 June 1949 | End date June 3, 1949 | |
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Citation(s) [1949] 2 KB 500, [1949] 2 All ER 179 Court Court of Appeal of England and Wales Similar Scruttons Ltd v Midland, Tulk v Moxhay, Tweddle v Atkinson, Jackson v Horizon Holidays, Wrotham Park Estate Co Ltd v | ||
Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500 is an English land law and English contract law case, notable for Denning LJ's views concerning privity of contract.
Contents
Facts
The River Douglas Catchment Board agreed with a number of landowners between the River Douglas and the Leeds and Liverpool Canal) to carry out some work if some contribution to the cost was given. In 1940 Mrs S, one of the covenantees, sold her land ("Low Meadows") to Smith, which incorporated Snipes Hall Farm Ltd in 1944. In Autumn 1946 the Ellen Brook burst its banks and flooded Smith and Snipes Hall Farm land. They made a claim against the Board for damages in tort and breach of contract. The question was whether not having been privy to the original agreement was a bar to any recovery.
Judgment
The Court of Appeal all held that the Board was in breach of contract, and that breach caused damage to the farm. The agreement showed the intention that the obligation would attach to the land, and it would not matter whose hands the land came into: the owner could enforce the covenant. Because the covenant ran with the land, under section 78 Law of Property Act 1925 it could be enforced by the covenantee and successors in title. Denning LJ's notable decision went as follows.