Source: All England Reporter
Publisher Citation: [2011] All ER (D) 190 (Oct)
Court: Chancery Division

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.

The Case

Restrictive covenant affecting land Construction of covenant. The Chancery Division of the High Court dismissed the applicants' application for a declaration permitting them to construct a new house in an estate, where the wording of a restrictive covenant, the beneficiary of which was the defendant management company, prevented them from doing so.

Practice Areas

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