There was a proposal to erect a detached in house in the grounds of a property subject to a ‘one house per plot’ restriction. The tribunal considered the issue of disturbance: ‘I do not think that the prevention of a short term interference with the enjoyment of [the neighbouring house] by the stopping of adjoining building works can be a benefit of substantial value or advantage in relation to the long term enjoyment of the property (see Re Kershaw)’
Mr Clarke QC
(1996) 72 P and CR 439
England and Wales
Cited – Shephard 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 May 2022; Ref: scu.238676