Federated Homes v Mill Lodge Properties [1980]

In Court of Appeal, Brightman LJ –
Interpreted LPA 1925, s78 to mean that if condition precedent
of s78 is satisfied, ie there exists a covenant which touches and concerns the
land of covenantee, that covenant runs with the land for the benefit of his
successors in title, persons deriving title under him or them and other owners
and occupiers.
[Hence no need to show intention to annex covenant for
post-1925 leases.
This interpretation has been heavily criticised.
Has not always been followed in subsequent cases]