A covenant against the use of land for ‘the purpose of food retailing’ was not breached by the use of the land for associated landscaping without which immediately adjoining land could not have been used for food retailing.
Citations:
[1998] EWCA Civ 42, (1998) 76 P and CR 328
Jurisdiction:
England and Wales
Cited by:
Cited – GLN (Copenhagen) Southern Ltd v Tunbridge Wells Borough Council CA 27-Aug-2004
Neighbouring plots included covenants to use and not to use the land as cinemas. A proposed development would have used the land which had to be so used as an access for the new cinema proposed. The claimant sought to rely upon the Act to enforce a . .
Cited – Jarvis Homes Ltd v Marshall and Another CA 6-Jul-2004
An intended new road was going to be the access way for 12 new houses. Part of a restrictive covenant provided that the covenantors and their successors would not ‘use or permit or suffer to be used the land hereby conveyed or any part thereof or . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 13 November 2022; Ref: scu.143520
