| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 152 (Aug) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Keene LJ, Wall and Neuberger LJJ |
| Representation | Wayne Clark (instructed by Cripps Harries Hall) for the claimant. |
| Peter Crampin QC and Alistair Craig (instructed by Martin Harris) for the authority. | |
| Judgment Dates: | 27 August 2004 |
Catchwords
Conveyancing - Restrictive covenant - Covenant running with land - Deputy judge construing restrictive covenant - Correctness of decision.
The Case
The claimant's appeal against the deputy judge's decision in respect of his construction of cl12.2.2 of the restrictive covenant at issue was dismissed as, inter alia, the use of the burdened land was not associated with or ancillary to the use of the land for the purposes restricted by the covenant.
Practice Areas
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