A covenant was made in 1926 with ‘the Vendor and his successors in title the owner or owners for the time being of the Canford Estate of which the land hereby transferred and conveyed forms part’. Vos J held that it could only be enforced by the owner of an area of land which could properly be regarded as the Canford Estate and that it would be nothing short of absurd if covenants made in favour of the Canford Estate could be enforced by every transferee of land from the Estate.
Vos J
[2010] EWHC 10 (Ch), [2011] Ch 226, [2011] 2 WLR 74, [2010] NPC 4
Bailii
England and Wales
Citing:
Cited – Harris v Flower CA 1904
The servient land-owner alleged an excessive user by which it was attempted to impose an additional burden on the servient tenement in the use of a right of way for obtaining access to a factory erected partly on the land to which the right of way . .
Cited by:
Cited – Bath Rugby Ltd v Greenwood and Others CA 21-Dec-2021
This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 22 December 2021; Ref: scu.392992