Jarvis Homes Ltd v Marshall and another
Jarvis Homes Ltd v Marshall and another
- 2004
- Estates Gazette [2004] 29 EG 116(CS) .
[2004] EWCA Civ 839, 6 July 2004. Appeal against a HC decision which held that the construction and use of a roadway over part of a garden for access to a proposed development of 10 houses on an adjoining site would not infringe a restrictive covenant. The covenant restricted development of the site to no more than one two-storey private dwelling house. Appellants (M) accepted that demolition of the existing dwelling house and the erection of a new house and garage would not infringe the covenant but opposed the construction and use of a roadway over part of the garden. The grounds for appeal are outlined in paragraph nine of the CA judgment. "Held": the construction and use of the roadway would be a breach of covenant. Appeal allowed. View judgment at www.bailii.org.
JARVIS HOMES LTD V MARSHALL AND ANOTHER
RESTRICTIVE COVENANTS
ACCESS
ADJOINING LAND
ELLIOTT AND OTHERS V SAFEWAY STORES PLC AND OTHERS
CO-OPERATIVE RETAIL SERVICES LTD V TESCO STORES LTD
[2004] EWCA Civ 839, 6 July 2004. Appeal against a HC decision which held that the construction and use of a roadway over part of a garden for access to a proposed development of 10 houses on an adjoining site would not infringe a restrictive covenant. The covenant restricted development of the site to no more than one two-storey private dwelling house. Appellants (M) accepted that demolition of the existing dwelling house and the erection of a new house and garage would not infringe the covenant but opposed the construction and use of a roadway over part of the garden. The grounds for appeal are outlined in paragraph nine of the CA judgment. "Held": the construction and use of the roadway would be a breach of covenant. Appeal allowed. View judgment at www.bailii.org.
JARVIS HOMES LTD V MARSHALL AND ANOTHER
RESTRICTIVE COVENANTS
ACCESS
ADJOINING LAND
ELLIOTT AND OTHERS V SAFEWAY STORES PLC AND OTHERS
CO-OPERATIVE RETAIL SERVICES LTD V TESCO STORES LTD