This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
4th ed. 140 el seq.
(/) L. & S. W. B. Co. v. Gomm, (1882) 20 Ch. D. 562 ; 51 L. J. Ch. 530 ; overruling dicta in Gilbertson v. Bichards, (1859) 4 H. & N. 277, 297 ; 29 L. J. Ex. 213; and Birmingham Canal Co. v. Cartwright, (1879) 11 Ch. D. 421 ; 48 L. J. Ch. 552.
(g) L. § S. W. B. Co. v. Gomm, sup.; Trevelyan v. T., (1886) 53 L. T. 853.
(h) Dunn v. Flood, (1884) 25 Ch. D. 629; 28 ib. 586 ; 53 L. J. Ch. 537 ; 54 ib. 370; Be Hollis' Hospital (Trustees of), 1899, 2 Ch. 510; 68 L. J. Ch. 673.
(i) Wilham v. Vane, (1883) (H.L.), a report of which is given in Challis' R. P. 2nd ed. 401; Walsh, v. Secretary for India, (1S63) 10 H. L. C. 367 ; 32 L. J. Ch. 585.
(k) Mackenzie v. Childers, (1889) 43 Ch. D. 265, 279 ; 59 L. J. Ch. 188.
By sect. 58 of the same Act, the mention of assigns is made unnecessary for the purpose of making the covenant run with the land(o). But the section does not make the covenant run in cases where it would not formerly have run, even though assigns were expressly mentioned (p).
Mention of assigns not necessary.
The covenantor and his real and personal representatives may, even after alienation (q), be sued upon covenants of any of the above kinds, though they may not bind the alienees of the land (r).
Covenantor and his representatives liable on covenants in gross.
Where land is sold in consideration of a perpetual rent-charge which the purchaser covenants to pay, he and his estate remain for ever liable under the covenant, though the land itself is sold and conveyed, cum onere, to a subpurchaser (s).
Not affected by alienation.