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Restrictive covenants: recent cases clarify interpretation and drafting

Language: English Series: The In-House Lawyer ; (129) April 2005, 31-33(3)Publication details: 2005Subject(s): Summary: Looks at four recent cases that help clarify the law relating to restrictive covenants. Sets out how a restrictive covenant works and what makes it enforceable. "Crest Nicholson Residential (South) Ltd v McAllister" (Abs67766) clarified identification of the land that benefits from the covenant; two cases. "Martin v David Wilson Homes Ltd" (Abs68379) and "Jarvis Homes Ltd v Marshall" (Abs67981), both concerned a covenant restricting the use of a property to a private residence only and its interpretation. "Mortimer v Bailey" (Abs68661) considered whether the person benefiting from a restrictive covenant was entitled to an injunction to demolish unauthorised works.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L129696 (Browse shelf(Opens below)) 1 Available 129696-1001

Looks at four recent cases that help clarify the law relating to restrictive covenants. Sets out how a restrictive covenant works and what makes it enforceable. "Crest Nicholson Residential (South) Ltd v McAllister" (Abs67766) clarified identification of the land that benefits from the covenant; two cases. "Martin v David Wilson Homes Ltd" (Abs68379) and "Jarvis Homes Ltd v Marshall" (Abs67981), both concerned a covenant restricting the use of a property to a private residence only and its interpretation. "Mortimer v Bailey" (Abs68661) considered whether the person benefiting from a restrictive covenant was entitled to an injunction to demolish unauthorised works.