Gafford v Graham and another
Gafford v Graham and another
- 1999
- Estates Gazette Law Reports [1999] 41 EGLR 159-167(9) .
CA 8 April 1998. By a conveyance dated 22 December 1976 Mr and Mrs C sold about 12 acres of their property to M. M. covenanted not to use the property other than as a livery yard, stabling and bungalow, and not to build unless plans had been submitted and approved by the vendor. In 1989 Mr and Mrs C issued proceedings alleging breaches of restrictive covenants because an indoor riding school had been constructed without agreement, an barn enlarged, and the bungalow converted into a two-storey building. M said that there had been delay and acquiescence by the plaintiff. The judge granted a mandatory injunction for breach of the restrictive covenant. Appeal allowed, and cross-appeal dismissed.
RESTRICTIVE COVENANTS
DELAY
DAMAGES
GAFFORD V GRAHAM AND ANOTHER
BREACH
REAL PROPERTY
CA 8 April 1998. By a conveyance dated 22 December 1976 Mr and Mrs C sold about 12 acres of their property to M. M. covenanted not to use the property other than as a livery yard, stabling and bungalow, and not to build unless plans had been submitted and approved by the vendor. In 1989 Mr and Mrs C issued proceedings alleging breaches of restrictive covenants because an indoor riding school had been constructed without agreement, an barn enlarged, and the bungalow converted into a two-storey building. M said that there had been delay and acquiescence by the plaintiff. The judge granted a mandatory injunction for breach of the restrictive covenant. Appeal allowed, and cross-appeal dismissed.
RESTRICTIVE COVENANTS
DELAY
DAMAGES
GAFFORD V GRAHAM AND ANOTHER
BREACH
REAL PROPERTY