The liability is, therefore, conditional and if the successor is happy to do without the benefit, he cannot be made to submit to the burden. However, there will often be no real choice. If the successor has no option but to take the benefit (for example, in the case of [ case ]where the successor had no choice regarding a right of support) then the usual common law rule applies and the burden will not pass.
Answer
Rhone v Stephens [1994] 2 AC 310
Tags
#estates #freehold-covenant #land #law
Question
The liability is, therefore, conditional and if the successor is happy to do without the benefit, he cannot be made to submit to the burden. However, there will often be no real choice. If the successor has no option but to take the benefit (for example, in the case of [ case ]where the successor had no choice regarding a right of support) then the usual common law rule applies and the burden will not pass.
Answer
?
Tags
#estates #freehold-covenant #land #law
Question
The liability is, therefore, conditional and if the successor is happy to do without the benefit, he cannot be made to submit to the burden. However, there will often be no real choice. If the successor has no option but to take the benefit (for example, in the case of [ case ]where the successor had no choice regarding a right of support) then the usual common law rule applies and the burden will not pass.
Answer
Rhone v Stephens [1994] 2 AC 310
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Open it and if the successor is happy to do without the benefit, he cannot be made to submit to the burden. However, there will often be no real choice. If the successor has no option but to take the benefit (for example, in the case of <span>Rhone v Stephens [1994] 2 AC 310 where the successor had no choice regarding a right of support) then the usual common law rule applies and the burden will not pass.<span><body><html>
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