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University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004

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

Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021

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

Mohammadzadeh v Joseph and others: ChD 15 Feb 2006

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