Long acquiescence by a landlord, or a failure to insist on his rights, does not amount to a release from a covenant, unless his conduct is wholly inconsistent with the continued existence of the covenant or shows that he intended to waive performance of it.
Citations:
[1955] 2 All ER 409
Citing:
Cited – Hepworth v Pickles ChD 2-Nov-1899
The parties contracted for the sale and purchase of a shop which had been used continuously and openly with an off-licence for the sale of alcohol for twenty four years. After exchange, a restrictive covenant was revealed against the use of land as . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 02 May 2022; Ref: scu.425244