Re Tarhale Limited: LT 1990

Two five bedroom houses were proposed on the garden of a plot for which only one plot was permitted by the restrictive covenant. There was a specific covenant relating to the use of the approach drive and preventing its use by lorries or heavy vehicles, apart from those required for a particular development. The objectors said that the numbers of vehicles used in the driveway during the construction period would be as many as ten vehicles per day, and that they would suffer ‘substantial and intolerable nuisance’ from noise, fumes and dust from builder’s traffic using the driveway.
Held: The tribunal accepted the objection. The restrictions secured practical benefits: ‘. . . in preventing the intolerable nuisances, which on the evidence will occur during the construction period’.


Victor Wellings QC, President


(1990) 60 PandCR 368


Law of Property Act 1925 84


England and Wales

Cited by:

AppliedRe Bromor Properties Limited LT 1995
On an application to vary a restrictive covenant preventing further building, construction disturbance was treated as one of number of factors justifying refusal to modify. . .
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 May 2022; Ref: scu.238675