At Common Law, the Doctrine Of Privity Of Contracts states that only the parties to a contract can enforce the rights under it. This Doctrine, however, does not apply to contracts which create an interest in land. Therefore, if 'A' grants a right of way over his property to 'B', and 'A' then sells his property to 'C', 'C' is bound by the agreement between 'A' and 'B' if he had notice of it before he bought. As a result, interests in land are said ‘to run with the land’. In order to be enforceable, of course, agreement creating an interest in land, such as the aforesaid right of way, must be registered on title.
|