Thamesmead Town v Allotey [1998]

Peter Gibson LJ explained limits of doctrine as
follows, based on reasoning of Lord Templeman in Rhone v Stephens:
Two requirements for enforceability of positive
covenant against successor in title to covenantor:
1.  Condition of
discharging the burden must be relevant to exercise of rights that enable
benefit to be obtained.
2.  Successors
in title must have opportunity to chose whether to take benefit or having taken
it to renounce it.