Light v Anderson

In *Light v Anderson*, the New South Wales Court of Appeal considered a dispute between the appellant, Light, and the respondent, Anderson. The case concerned the interpretation and enforceability of a deed of covenant entered into by the parties.

The primary legal issue before the Court of Appeal was whether the deed of covenant, which purported to create a perpetual restriction on the use of land, was valid and enforceable against subsequent owners of the land, including the respondent. This involved determining whether the covenant "ran with the land" at common law or in equity, and whether it constituted a registrable interest under the relevant Torrens system legislation.

The Court analysed the common law rules regarding covenants that run with the land, noting the strict requirements for enforceability, particularly concerning the burden of covenants. It also considered the equitable principles governing restrictive covenants, including the requirement that the covenant must be negative in nature and intended to benefit the dominant tenement. The Court found that the covenant in question was not a registrable interest under the Real Property Act 1900 (NSW) as it did not create a proprietary interest in the land. Furthermore, the Court determined that the covenant was not enforceable against the respondent as a successor in title, as it did not satisfy the conditions for running with the land at common law or in equity.

The appeal was dismissed, and the Court of Appeal affirmed the decision of the primary judge.