The appeal raised two points as to restrictive covenants: (a) Statutory annexation – whether the covenant was unenforceable, because the land intended to be benefited by the covenant could be easily or fully ascertained as to situation or extent for the purposes of s.78(1) of the Law of Property Act 1925; and (b) Breach – whether the operation of a school on the burdened land, as proposed by the appellant Foundation and opposed by the representative respondent residents living nearby, would be a source of traffic nuisance and annoyance in breach of covenant.
Mummery, McCombe, Beatson LJJ
[2013] EWCA Civ 885
Bailii
Law of Property Act 1925 78(1)
England and Wales
Land
Updated: 17 November 2021; Ref: scu.513395
