Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500, [1949] 2 All ER 179, CA
In this case a covenant by a water authority to keep river banks in repair was held to run with the land. It is not apparent whether words or express annexation need to be used, and and this was not mentioned as a requirement in the judgment.
It was thought to be sufficient that the language or the agreement was such that it affected the value of the land and showed an intention that the obligation should attach to it.
The covenant must touch and concern the land to be benefited and the land be ascertainable by reference to the terms of the deed or relevant document read in the light of surrounding circumstances, in addition, extrinsic evidence will be admissible to prove the extent and situation of the lands of the respective landowners.
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