⇒ In this case, the covenant was an obligation not to build on Leicester Square which was enforced against the defendant when the defendant was not the original covenantor but a purchaser from him

Facts: This case concenred a covenant by the defendant not to build more than a certain number of dwellings on burdened land. It was clear from the covenant's wording that the land to be benefitted was the neighbouring land retained by the covenantee, but there was no express words of annexation to that land. Later, the covenantee sold the land to Mill lodge

Held: The court held that because it was clear which land was intended to benefit, the covenant could be annexed to that land by LPA 1925, s.78. S78 has the effect of statutorily annexing the benefit of every covenant (both positive and negative) to all of the benefitted land. In order for s78 to operate, the land must be capable of benefiting from the covenant and identifiable from the deed of covenant