A legal history of Leicester Square

Steven Gasztowicz QC marks the 170th birthday of Tulk v Moxhay

Tulk v Moxhay (1848) and the birth of restrictive covenants.
An examination, 170 years later, of some of the human and historical aspects of the case – and the way they have affected the law – and Leicester Square in London.

Can a case have a birthday? Well, no, not really, of course. However, 22 December 2018 marked the 170th anniversary of the decision of the Lord Chancellor in Tulk v Moxhay (1848) SC 2 PH 774, [1843-60] All ER Rep 9.

This is the celebrated case which is seen as representing the birth of restrictive covenants in English land law, so the reference to birthdays is not entirely inappropriate.

Restrictive covenants are, of course, contractual promises not to use land in a particular way, which are enforceable not just against present, but also against future, owners and occupiers of the land. You do not have to be a land lawyer to appreciate the human and historical side

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

A legal history of Leicester Square

Steven Gasztowicz QC marks the 170th birthday of Tulk v Moxhay

Tulk v Moxhay (1848) and the birth of restrictive covenants.
An examination, 170 years later, of some of the human and historical aspects of the case – and the way they have affected the law – and Leicester Square in London.

This is the celebrated case which is seen as representing the birth of restrictive covenants in English land law, so the reference to birthdays is not entirely inappropriate.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

NEWS

Read All

NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

Your magistrates’ court needs you!

Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process

LexisNexis Legal Awards 2026—the winners!

The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

Error message

A legal history of Leicester Square

MOVERS & SHAKERS

Harper James—Lottie Hugo

Carey Olsen—Patrick Ormond

Dawson Cornwell—Naomi Angell