Where one of the plots subject to a building scheme had been sub-divided, the benefit of the covenant in the scheme which originally burdened the whole plot did not pass to the owner of one of the subdivided plots so as to enable that owner to enforce the covenant against an owner of one of the other subdivided plots.
Judges:
Judge Rich QC
Citations:
[1996] 2 EGLR 197
Jurisdiction:
England and Wales
Citing:
Binding – In Re Beechwood Homes Limited’s Application CA 1994
Dillon LJ said that the case had proceeded below in the Lands Tribunal and had, therefore, to proceed in the Court of Appeal on the common basis that the power to consent to breach of a covenant was a dispensing power attached to another otherwise . .
Cited by:
Cited – Turner and Another v Pryce and others ChD 9-Jan-2008
The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the . .
Cited – Margerison v Bates and Another ChD 30-May-2008
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term . .
Cited – Martin v David Wilson Homes Ltd CA 28-Jun-2004
The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 04 December 2022; Ref: scu.263764