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[1994] 2 AC 310. A cottage attached to a large house was sold separately from the main house, and the seller covenanted (see FreeholdCovenant) in the conveyance to repair the shared roof. Before he could do so, both the main house and the cottage were sold. The new owner of the cottage sought to enforce the covenant against the owner of the main house. The general rule is that the burdens of positive covenants do not run with the land, and cannot be enforced against successors in title of the original covenantor. In this case the claimants sought to argue that either (1) the rule in AusterberryVOldhamCorporation1885 should be changed, or that (2) the covenant could be enforced under the rule in HalsallVBrizell1956. Both arguments failed; (1) because the HouseOfLords was unwilling to make such a radical change in law which had been followed for over a hundred years, and (2) because the covenant to repair the roof was not part of a mutual obligation, in contrast to the covenant to pay for upkeep of roads and sea wall in Halsall. The Halsall_ case did not state that any burden in a deed could be enforced if any benefit was to be enjoyed -- it said that the burden of a specific covenant can be enforced if the benefit of that corresponding covenant is to be enjoyed.
The House was aware that this case does illustrate a defect in the enforcement of covenants, and that the law should be changed. However, it preferred to leave that to Parliament.
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