Catchwords
Real property (WA) – Torrens system – Restrictive covenant – Enforceability of – Application by successors in title of burdened land for declaratory relief that restrictive covenant not enforceable – Intention of parties to covenant to exclude enforcement of restrictive covenant by tenant of benefited land – Consistency with the doctrine in Tulk v Moxhay – Restrictive covenant enforceable.
Equity – Restrictive covenant – Principles upon which the doctrine in Tulk v Moxhay rests.
Transfer of Land Act 1893 (WA), s 129A.