Reviewed case brief
Tulk v Moxhay
(1848) 2 Ph 774
A restrictive covenant, if the purchaser has notice, is enforceable in equity against successors — even without privity of contract. Adopted in Indian law through S.40 TPA.
- Court
- Court of Chancery (England)
- Year
- 1848
- Subjects
- Property Law
- Reviewed
- 2026-07-01
Rule established
Restrictive covenant binds subsequent purchaser with notice, even without privity of contract
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(1848) 2 Ph 774
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.