Re Union of London & Smith’s Conveyance [1933]

Crystallised equitable rules under which express
assignment permissible.
Romer LJ:
1.  Covenant must
have been taken for benefit of land of covenantee, and
2.  That land
must be indicated with reasonable certainty.
This indication need not appear in conveyance creating
covenant.
Sufficient if in light of attendant circumstances,
identity of dominant land is in some other way ascertainable with reasonable
certainty.
3.  Land must
also be retained in whole or part by plaintiff, and
4.  Be capable
of benefitting from the covenant.
5.  Assignment
of covenant and conveyance of land to which it relates must be contemporaneous.