The land owner appealed against an injunction given to prevent him carrying out building works which the neighbours said would breach a restrictive covenant. The covenants negatived a building scheme.
Held: The appeal failed. Covenants of the nature imposed have long been used in conveyances, transfers and leases and it is clear that the expanded phrase ‘nuisance or annoyance’ in such covenants is directed at conferring a wider protection than the remedies available for the tort of nuisance at common law. The covenant against causing a nuisance or annoyance to neighbours did extend to the erection of buildings.
Ward, Wilson, Rimer LJJ
[2010] 3 EG 104, (2009) 153(41) SJLB 30, [2010] 1 P and CR DG13, [2009] NPC 117, [2009] EWCA Civ 1081
Bailii
England and Wales
Citing:
Cited – Tod-Heatley v Benham 1888
What was ‘annoyance’ between neighbours
The court considered how to construe a covenant in a lease ‘nor do or wittingly or willingly cause or suffer to be done any act, matter, or thing in or upon or about the said premises, which shall or may be or grow to the annoyance, nuisance, . .
Cited – Mahon and Another v Sims QBD 8-Jun-2005
A land transfer had contained a clause requiring a restrictive covenant agreeing not to erect any building without the approval by the neighbours of plans.
Held: The term ‘transferors’ was to be read to include the transferors’ successors in . .
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Cited – C and G Homes Ltd v Secretary Of State For Health CA 1991
The court was asked whether a health authority’s housing of former mental in-patients in two houses on a residential estate resulted in a breach of one or both of two covenants burdening the houses. One covenant, (20) was: ‘Not to cause or permit or . .
Cited – Wood v Cooper 1894
There was a long lease of land with a dwellinghouse built on it. The lease contained covenants: ‘not to erect or build or cause to be erected or built upon the said piece of ground thereby demised, without the previous license in writing of the . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 November 2021; Ref: scu.376230