485. General rule and exceptions.

Where neighbouring premises have been let to different tenants subject to restrictive covenants, the question arises whether the different tenants, or their respective successors in title, are entitled to the benefit of the covenants as against each other1. The general rule at common law is that one tenant may not enforce as against other tenants the covenants in the leases under which the other tenants hold the premises demised to them. To that general rule three, or possibly four, exceptions arise:

  1.  

    (1)     where a tenant has taken an assignment from the landlord of the benefit of a covenant entered