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Property Keyed to Merrill
Tulk v. Moxhay
Citation:
2 Phillips 774, 41 Eng. Rep. 1143
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The plaintiff, Tulk, owned a vacant piece of land in Leicester square, in addition to several of the houses forming the square. Tulk then sold part of the area subject to a restrictive covenant that the buyer, and his heirs and assigns, would only use the area as a garden/pleasure ground and would at his own cost maintain it. The defendant, Moxhay, was a subsequent purchaser of the area whose deed contained no reference to the covenant, but Moxhay had notice of the original deed and its covenant. Moxhay intended to build in ways not permitted by the covenant prompting Tulk to sue.
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