Spicer v Martin: HL 1888

Lord McNaughton said: ‘The site was laid out in accordance with the building scheme. The houses were to be built as private houses, and to be used for no other purpose: a covenant to that effect was imposed on the builder who bought the ground, and intended to parcel it out and sell it, or let it again . . Every lessee must have known that ever other lessee was bound to use his house as a private residence only. This restriction was obviously for the benefit all the lessees on the estate; they all had a common interest in maintaining the restriction. This community of interest necessarily, I think, requires and imports reciprocity of obligation.’


Lord McNaughton


(1888) 14 App Cas 12


England and Wales

Cited by:

CitedElliston v Reacher ChD 1908
The court was asked whether a building scheme had been established.
Held: It had. The court set out the factors which must be shown to establish a building scheme on an estate; Both plaintiff and defendant’s titles must derive from the same . .
Lists of cited by and citing cases may be incomplete.


Updated: 07 May 2022; Ref: scu.242388