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Tags
#estates #freehold-covenant #land #law
Question
It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to [ case ]). To do this, the two parts of the obligation must be capable of standing alone as separate obligations.
Answer
Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267

Tags
#estates #freehold-covenant #land #law
Question
It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to [ case ]). To do this, the two parts of the obligation must be capable of standing alone as separate obligations.
Answer
?

Tags
#estates #freehold-covenant #land #law
Question
It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to [ case ]). To do this, the two parts of the obligation must be capable of standing alone as separate obligations.
Answer
Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267
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It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267). To do this, the two parts of the obligation must be capable of standing alone as separate obligations.

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