Source: All England Reporter
Publisher Citation: [2013] All ER (D) 306 (May)
Neutral Citation: [2013] EWHC 1378 (Ch)
Court: Chancery Division

Sir William Blackburne

Representation John Furber QC (instructed by Hamlins LLP) for the claimant.
  Philip Coppel QC and Katie Helmore (instructed by Southampton City Council) for the authority.
Judgment Dates: 23 May 2013


Restrictive covenant affecting land - Enforceability - Enforceability against vendor's successors in title - Claimant's predecessor in title, BBC, acquiring site from defendant local authority - Transfer containing restrictive covenant and right of pre-emption - Whether restrictive covenant enforceable against claimant - Whether authority lost right to acquire freehold - Whether pre-emption void by expiry of perpetuity period - .

The Case

Restrictive covenant affecting land Enforceability. In the context of a dispute over the enforceability of two covenants contained in a transfer of land, the Chancery Division declined to make a declaration that a restrictive covenant was not enforceable against the claimant or any successor in title to it. Further, it held that the defendant local authority had not yet lost the right to enforce a right of pre-emption by force of s9(2) of the in circumstances where the date for measuring the 21-year perpetuity period was the date when the option arose rather than the date when the right of pre-emption was conferred.

Practice Areas

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