Continue reading "Restrictive Covenants: Not in my back yard!"
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Restrictive Covenants: Not in my back yard!
Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Amec Developments Ltd v Jury's Hotel Management (UK) Ltd [2000] EWHC Ch 454
- Attorney General v Blake [2000] UKHL 45
- Gafford v Graham [1998] EWCA Civ 666
- George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd [2011] UKUT 91 (LC)
- Gilbert v Spoor [1983] Ch 27
- HXRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 Ch
- Jaggard v Sawyer [1994] EWCA Civ 1
- Re Bass Ltd's Application (1973) 26 P&CR 156
- Re Martins' Application [1989] 57 P & CR 119
- Sharp v Harrison [1922] 1 Ch 502
- Shelfer v City of London Electric Lighting Co [1895] 1 Ch 287
- Shephard v Turner [2006] 2 EGLR 73
- Surrey County Council v Bredero Homes Ltd [1993] 1 WLR 1361
- Wakeham v Wood [1982] 43 P & CR 40
- Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798