Morrells of Oxford Ltd v Oxford United Football Club [2001] Ch 459 is an English land law case concerning covenants and their interpretation in a conveyance, particularly discerning and distinguishing those expressly or impliedly with no intention to bind successors — those of a personal nature, enforceable "inter partes", that is between the parties to the original deed.
The covenant was clear enough to qualify for enforcement if the local authority proposed to breach the covenant by selling alcohol on its own land but they did not and were in the process of selling the land to independent developers who ultimately built the Kassam Stadium of Oxford United FC.
Morrells argued that it bound and benefitted both sets of successors (respectively) by meeting the requirements of the Law of Property Act 1925, section 79.
The covenant was thus personal in nature (inter partes) and could not be enforced against successors in title.
He said that Law of Property Act 1925, section 79 ‘extends the number of persons whose acts or omissions are within the reach of the covenant in the sense of making equitable remedies available, provided that the other conditions for equity’s intervention are satisfied.’[1] The section on its own (per se) does not make all covenants bind all successors, it leaves latitude as to construction (wording) as whether certain covenants are to be considered personal, those which are imposed so as not to bind the land itself.