National Schizophrenia Fellowship v Ribbles Estates SA and others
National Schizophrenia Fellowship v Ribbles Estates SA and others
- 1994
- Estates Gazette (1994) 03 EG 132-136(5) .
ChD 18 February 1993. In March 1991 N, a registered charity, purchased property previously adminstered by the health authority on behalf of the SoS Health. The SoS acquired the property in March 1983 from the first defendant. By a clause in the conveyance the purchaser covenanted that `no noisy, offensive or dangerous trade or pursuit shall be carried on in the property hereby conveyed nor any trade or pursuit which may be or become in any way a nuisance, annoyance or danger to the vendor or its successors in title or to the owners or occupiers of any neighbouring property which may tend to depreciate the value of the property`. N`s proposal was to provide accommodation for 12 people who had suffered from mental illness but whose condition had stabilised on medication. N sought a declaration that this was not a breach of the restrictive covenant. It was held that the proposed use would not cause a nuisance within the meaning of the clause. The words of the covenant were not wide enou
BREACH OF COVENANT
CARE IN THE COMMUNITY
HALFWAY HOUSE
RESTRICTIVE COVENANTS
VENDOR AND PURCHASER
ChD 18 February 1993. In March 1991 N, a registered charity, purchased property previously adminstered by the health authority on behalf of the SoS Health. The SoS acquired the property in March 1983 from the first defendant. By a clause in the conveyance the purchaser covenanted that `no noisy, offensive or dangerous trade or pursuit shall be carried on in the property hereby conveyed nor any trade or pursuit which may be or become in any way a nuisance, annoyance or danger to the vendor or its successors in title or to the owners or occupiers of any neighbouring property which may tend to depreciate the value of the property`. N`s proposal was to provide accommodation for 12 people who had suffered from mental illness but whose condition had stabilised on medication. N sought a declaration that this was not a breach of the restrictive covenant. It was held that the proposed use would not cause a nuisance within the meaning of the clause. The words of the covenant were not wide enou
BREACH OF COVENANT
CARE IN THE COMMUNITY
HALFWAY HOUSE
RESTRICTIVE COVENANTS
VENDOR AND PURCHASER