Proposed use of land would be in breach of covenant when it was put to a use which was ancillary to the use of adjoining land.
Held: The allegation failed. There would only have been a breach if the land in question had been used for the purpose for which the adjoining land was to be put.
Judges:
Judge Paul Baker QC
Citations:
[1995] 1 WLR 1396
Jurisdiction:
England and Wales
Cited by:
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: 07 December 2022; Ref: scu.242398