Elliott and others v Safeway Stores plc and others
Elliott and others v Safeway Stores plc and others
- 1995
- Weekly Law Reports (1995) 35 WLR 1396-1404(9) .
ChD 14 June 1995. In 1957 the plaintiffs (E) sold land to a local authority, with a restrictive covenant that there would be no use for business comprising the sale or purchase of fuel and lubricants for mechanically propelled vehicles. In 1965 the land was sold to a company which subsequently sold off a portion to owners of adjoining land. This was then sold (excluding the portion of subject land) to the defendants (S) for a food and household supermarket development. In 1995 S sought to purchase the portion of subject land for access to a proposed petrol filling station to be built on the land that they owned. E declared that this would breach the restrictive covenant. Held, refusing the declaration; the land acting as access to facilitate the fuel selling business did not breach the covenant.
ACCESS
BURDENED LAND
ELLIOTT AND OTHERS V SAFEWAY STORES PLC AND OTHERS
PETROL FILLING STATIONS
RESTRICTIVE COVENANTS
ChD 14 June 1995. In 1957 the plaintiffs (E) sold land to a local authority, with a restrictive covenant that there would be no use for business comprising the sale or purchase of fuel and lubricants for mechanically propelled vehicles. In 1965 the land was sold to a company which subsequently sold off a portion to owners of adjoining land. This was then sold (excluding the portion of subject land) to the defendants (S) for a food and household supermarket development. In 1995 S sought to purchase the portion of subject land for access to a proposed petrol filling station to be built on the land that they owned. E declared that this would breach the restrictive covenant. Held, refusing the declaration; the land acting as access to facilitate the fuel selling business did not breach the covenant.
ACCESS
BURDENED LAND
ELLIOTT AND OTHERS V SAFEWAY STORES PLC AND OTHERS
PETROL FILLING STATIONS
RESTRICTIVE COVENANTS