Jaggard v Sawyer and another
Jaggard v Sawyer and another
- 1995
- Estates Gazette (1995) 13 EG 132-140(9) .
CA 18 July 1994. Both parties were resident in a private cul-de-sac, where all houses were bound by restrictive covenants that unbuilt land could be used only for gardens. S purchased land behind the family home, obtained permission and commenced building another house for which access was to be over the existing garden. J, the plaintiff, opposed this development, arguing that access over the private road amounted to trespass, there being no right of way. At first instance it was "held" that this was the case and there had been a breach of covenant, but the judge awarded damages rather than grant an injunction. J appealed, but the earlier decision was upheld.
JAGGARD V SAWYER AND ANOTHER
CHANCERY AMENDMENT ACT 1968
RESTRICTIVE COVENANTS
RIGHT OF WAY
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO LTD 1895
WROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
CA 18 July 1994. Both parties were resident in a private cul-de-sac, where all houses were bound by restrictive covenants that unbuilt land could be used only for gardens. S purchased land behind the family home, obtained permission and commenced building another house for which access was to be over the existing garden. J, the plaintiff, opposed this development, arguing that access over the private road amounted to trespass, there being no right of way. At first instance it was "held" that this was the case and there had been a breach of covenant, but the judge awarded damages rather than grant an injunction. J appealed, but the earlier decision was upheld.
JAGGARD V SAWYER AND ANOTHER
CHANCERY AMENDMENT ACT 1968
RESTRICTIVE COVENANTS
RIGHT OF WAY
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO LTD 1895
WROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD