Restrictive covenant
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Re Havering College of Further and Higher Education
Freehold land — Redevelopment — School site — Restrictions affecting use of land — Landowner wishing to sell land for housing — Landowner applying to discharge or modify restrictions –…
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Small v Oliver & Saunders (Developments) Ltd
Residential development — Neighbouring properties — Additional building — Covenant restricting use of land for access — Whether claimant having benefit of covenant — Whether defendant breaching covenant — Whether…
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Sugarman v Porter and others
Restrictive covenant — Benefit — Whether passing to successors in title of covenantee — Whether wording of conveyance confining benefit to covenantee’s unsold land or that sold with express assignment…
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Harris v Williams-Wynne
Breach of covenant — Compensation — Damages — Agreement for sale of land to claimant — Covenant against building — No formal transfer of land — Appellant building on land…
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Shephard and others v Turner and another
Development — Proposal to erect dwelling on curtilage of house — Previous conveyance of land imposing restrictive covenants — Neighbours objecting to proposed development as breach of covenants — Landowner…
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Mahon and another v Sims and another
Restrictive covenants — Enforcement — Successors in title — Covenant made by transferee with transferor — Covenant restricting use and buildings on garden land — Building plans requiring approval from…
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Joint London Holdings Ltd and another v Mount Cook Land Ltd
Commercial lease — User covenant — Respondents wishing to sublet for use as sandwich shop — Whether such use constituting prohibited trades of victualler or coffee-house keeper — Judge holding…
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Mahon and another v Sims and another
Transfer of land Covenant restricting building without consent Benefit of covenant Whether term limiting consent to original transferor Whether implied term requiring consent not to be unreasonably withheld Appeal allowed…
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PP 2005/19
University of East London Higher Education Corporation v Barking & Dagenham London Borough Council [2005] EWHC 2908 (Ch). If a restrictive covenant exists for the benefit of adjoining premises and…
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Joint London Holdings Ltd v Mount Cook Land Ltd
Lease — Commercial premises User restriction — Claimant wishing to sublet premises for sale of pre-prepared sandwiches etc — Whether proposed use constituting prohibited trades of victualler or coffee-house keeper…
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Harris v Williams-Wynne
Breach of covenant — Compensation — Damages — Agreement for sale of land to claimant — Covenant against building — No formal transfer of land — Claimant building on land…