Restrictive covenant
-
PP 2005/5
The right to undertake development under planning law, if planning permission is obtained, is entirely separate from an applicant’s right to do so under private law and it is incorrect…
-
University of East London Higher Education Corporation v Barking and Dagenham London Borough Council and others
Sale of land — Covenant restricting use to educational purposes running with land — Public housing authority having benefit of pre-emption covenant — Claimant freeholder wishing to sell land for…
-
Smith v Garrard
Transfer of land — Right of way — Parking restrictions — Proper construction of restrictive covenant Whether absolute prohibition on parking over right of way — Appeal dismissed
-
Mortimer and another v Bailey and another
Neighbouring properties — Extension — Respondents having benefit of covenant preventing appellants from building extension without their written permission — Appellants constructing extension without permission — Respondents’ delay in seeking…
-
GLN (Copenhagen) Southern Ltd v ABC Cinemas Ltd and others
Restrictive covenant — Prohibition on use as cinema or for principal purpose of image projection for the showing of films — Whether second limb also encompassing use as cinema –…
-
GLN (Copenhagen) Southern Ltd v ABC Cinemas Ltd and others
Restrictive covenant — Prohibition on use as cinema or for principal purpose of image projection for the showing of whole films — Whether second limb also encompassing use as cinema…
-
Jarvis Homes Ltd v Marshall and another
Restrictive covenant — Use for private residence only — Whether construction of roadway to reach adjoining development a breach of covenant — Whether private residence meaning dwelling-house only or extending…
-
Martin v David Wilson Homes Ltd
Conveyance — Restrictive covenant — Whether reference to use as “a private dwellinghouse” restricting building to one house per plot — Appeal allowed
-
Glyn and another v Patel
Restrictive covenant — Covenant expressed to be for benefit of vendor and successors in title — Claimants owning part of land previously retained by vendor — Whether covenant benefiting only…
-
PP 2003/35
A low hurdle for the claimant. If restrictive covenants are frequently likened to negative easements, it is mainly because the claimant has to point to a property that is capable…
-
PP 2003/2
Covenant against competition: direct enforcement against neighbouring retailer. Q Adam’s leasehold camera shop is suffering loss of trade because Ben is offering photographic equipment from his pharmacy in the same…
-
Westminster City Council v Duke of Westminster and others
Lease — Restrictive covenant — Obligation to use premises as dwellings for the working classes — Meaning of working classes — Whether provision spent — Whether Lands Tribunal has jurisdiction…