Re Cavendish Browne [1916] WN 34

Facts

• The case concerned interpretation and enforcement of restrictive covenants within a trust deed.
• A third party had acquired property subject to the covenant initially created under the trust deed.
• The dispute centered on whether the restrictive covenant could be enforced against the third party and the trustees' obligations in enforcing it.
• The case was adjudicated by the Chancery Division and addressed issues involving both beneficiaries and trustees regarding administration of the trust.

Issues

1. Whether a restrictive covenant in a trust deed may be enforced against a third party who acquires the property subject to that covenant.
2. Whether the trustee has a fiduciary duty to enforce the terms of the covenant for the benefit of the beneficiaries.
3. What legal remedies are available to beneficiaries when trustees fail to uphold trust obligations.

Decision

• The court determined that restrictive covenants, while generally personal, may create proprietary interests which can bind third parties in specific circumstances.
• The restrictive covenant in question was interpreted as running with the land, creating obligations enforceable against subsequent owners.
• Trustees were found to have a fiduciary obligation to uphold and enforce the terms of the trust deed in the interests of the beneficiaries.
• Legal remedies such as injunctions and damages may be available to beneficiaries against trustees failing in their duties.
• The court emphasized the importance of giving effect to the intentions of the parties as expressed in the trust deed.

Legal Principles

• Restrictive covenants in trust deeds can create proprietary interests, thereby binding third parties when intended to run with the land.
• Trustees hold a fiduciary duty to act in the best interests of beneficiaries and to follow explicitly the terms of trust instruments.
• Equitable doctrines, including "equity regards as done that which ought to be done," can extend the enforceability of such covenants beyond strict privity of contract.
• The drafting and clarity of trust instruments are fundamental to the determination and enforceability of trustee obligations.

Conclusion

Re Cavendish Browne [1916] WN 34 confirmed that restrictive covenants may be enforceable against third parties when they create proprietary interests and highlighted trustees’ fiduciary duties to uphold trust terms; the case remains significant for its clarification of the intersection between trust law and property rights.