|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 190 (Oct)|
William Trower QC sitting as a deputy judge of the Chancery Division (judgment given extempore)
|Representation||John Summers (instructed by Irena Spence and Co) for the applicants.|
|Martin Collier (instructed by Barr Ellison) for the respondent company.|
|Judgment Dates:||20 October 2011|
Restrictive covenant affecting land - Construction of covenant - Erection of building - Applicants seeking to build new house on property in estate - Covenant restricting each property on estate to consist of private dwelling house qualified by 'single family occupation' - Whether covenant restricting further construction of dwelling house on property - Whether applicants entitled to declaration permitting construction of new house.