Austerberry v Oldham Corporation

Austerberry v Oldham Corpn (1885) 29 ChD 750, CA

The rule in this case is known as the Austerberry v. Oldham ("Austerberry"). Many properties are subject to reciprocal rights agreements. These deal with shared access, services and restrictions on property use and are intended to bind future owners of the properties. Real property interests are said to run with the land but positive covenants - promises by one party to another that typically require the expenditure of money, labour or material - do not run with the land, and consequently do not bind subsequent purchasers.
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