A new house was built in contravention of a covenant, which the builder thought to be unenforceable. A neighbour objected, and having been found to have the benefit of the covenant after other neighbours had settled, he claimed 100% of the developer’s profit, which he assessed at andpound;290,000.
Held: The President allowed the modification on the limited benefit ground, and indicated that he was willing to award compensation based on ‘a share in the development value released’. He rejected the objector’s calculations as ‘misconceived’, and awarded andpound;6,000, based on a comparison with the sums paid to the other potential objectors.
Judges:
Victor Wellings QC, President
Citations:
(1992) 65 PandCR 312
Cited by:
Cited – Winter and Another v Traditional and Contemporary Contracts Ltd CA 7-Nov-2007
The land-owners applied for a variation of a restrictive covenant to allow them to put a second house on their plot. They had bought out the right of the original builder, but a neighbour also had the benefit of the covenant. They now appealed the . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 14 May 2022; Ref: scu.260308