McMorris v Claude Brown and others: PC 30 Jul 1998

(Jamaica) It could be a proper argument that the first relaxation of a restrictive covenant was merely the thin end of the wedge and it may be sufficient to reject the application though there was no immediate detriment to dominant land.


Lord Hoffmann, Lord Mustill, Lord Cooke of Thorndon, Lord Hutton, Sir John Balcombe


Times 29-Aug-1998, [1998] UKPC 34, [1999] 1 AC 142, [1998] 3 WLR 971




England and Wales


AdoptedRe Snaith and Dolding’s Application LT 1995
The applicants sought modification of a covenant, to enable them to build a second house on a single plot within a building scheme.
Held: ‘The position of the Tribunal is clear. Any application under section 84(1) must be determined upon the . .

Cited by:

CitedShephard and others v Turner and Another CA 23-Jan-2006
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. . .
Lists of cited by and citing cases may be incomplete.


Updated: 01 June 2022; Ref: scu.159316