Steven Gasztowicz QC marks the 170th birthday of Tulk v Moxhay
- Tulk v Moxhay (1848) and the birth of restrictive covenants.
- An examination, 170 years later, of some of the human and historical aspects of the case – and the way they have affected the law – and Leicester Square in London.
Can a case have a birthday? Well, no, not really, of course. However, 22 December 2018 marked the 170th anniversary of the decision of the Lord Chancellor in Tulk v Moxhay (1848) SC 2 PH 774, [1843-60] All ER Rep 9.
This is the celebrated case which is seen as representing the birth of restrictive covenants in English land law, so the reference to birthdays is not entirely inappropriate.
Restrictive covenants are, of course, contractual promises not to use land in a particular way, which are enforceable not just against present, but also against future, owners and occupiers of the land. You do not have to be a land lawyer to appreciate the human and historical side of the case, however.
On the anniversary of the decision,
