Covenants with Arthur for the benefit of Arthur’s retained land known Dunroamin:
To erect and forever to maintain a substantial boundary fence at her own expense between Dunroamin and the land hereby transferred; and
Not to keep pigs on the land hereby transferred.’
Arthur’s solicitor protected the covenants.DJill built the fence and turned the land into a paddock in which she kept two ponies.
Jill moved away from the area in early 2021 and sold the paddock to Callum. In the transfer deed to him, Callum entered into an indemnity covenant with Jill.
Arthur died in March 2021 and Dunroamin was sold to Nic in August. Nic recently returned from a business trip and was horrified to find that Callum has been keeping pigs in the paddock. The pigs have broken down part of the boundary fence and have destroyed the flower beds and lawn at Dunroamin. It has not been repaired.
- Explain whether Nic can enforce covenant ?
- Explain whether Nic can enforce covenant,If he can, against whom can he take action, and what is his likely rem Roxanne was the registered proprietor of a large house.