Coventry School Foundation v Whitehouse and Others: ChD 10 Aug 2012
Citations: [2012] EWHC 2351 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 05 November 2022; Ref: scu.464602
Citations: [2012] EWHC 2351 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 05 November 2022; Ref: scu.464602
Citations: [2007] EWHC 387 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 24 October 2022; Ref: scu.526404
Leeds County Court – Claim that a proposed bulding of additional premises within a property boundary would amount to an infringement of a restrictive covenant against causing a nuisance or annoyance to a neighbour. Held: The building would be in breach of the covenant against causing annoyance. Judges: Behrens HHJ Citations: [2015] EW Misc B28 … Continue reading Tupholme and Others v Firth: Misc 17 Sep 2015
Judges: Mr Justice Kitchin Citations: [2009] EWHC 1496 (Ch), [2009] 2 P and CR 22, [2009] 27 EG 90 Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 04 September 2022; Ref: scu.347268
Citations: [2018] EWHC 4018 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 06 April 2022; Ref: scu.655441
Application for declaration that restrictive covenants in a deed were no longer effective. Master Bowles [2014] EWHC 3616 (Ch) Bailii Law of Property Act 1925 84(2) England and Wales Land Updated: 23 January 2022; Ref: scu.570010
The claimant had bought land it wished to develop. The defendant owners of neighbouring land said that they had the benefit of restrictive covenants whch would restrict such development. Behrens HHJ [2015] EWHC 808 (Ch) Bailii Law of Property Act 1925 84(2) England and Wales Citing: See Also – Birdlip Ltd v Hunter and Another … Continue reading Birdlip Ltd v Hunter and Another: ChD 24 Mar 2015
This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). That turns on the question whether there is anyone who can now claim … Continue reading Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021
The parties disputed whether the defendants owned the benefit of a restrictive covenant. Held: The covenant did touch and concern the land, and the land with the benefit of covenant. The conditions under Federated Homes were met. The covenants were enforceable: ‘in the case of a post 1925 conveyance, once it is established that a … Continue reading Mohammadzadeh v Joseph and others: ChD 15 Feb 2006
Land had been conveyed in 1894, the purchaser covenanting with the vendor (alone). The fact that the vendor retained other land was apparent from other parts of the conveyance, but the covenant was not expressed to be for the benefit of that land. The first issue was from what facts or documents might the intention … Continue reading J Sainsbury plc v Enfield London Borough Council: 1989
The Court was asked whether a covenant had been attached to the land. Held: the effect of a 1922 conveyance was to annex the benefit of the covenant to land of the vendor and his tenants adjoining or near the Rec. That meant that Mr White and 77 GPS were each entitled to the benefit … Continue reading Bath Rugby Ltd v Greenwood and Others (PRE-1926 Restrictive Covenants Affecting Land): ChD 13 Oct 2020
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004