Brown and others v Heathlands Mental Health National Health Service Trust
Brown and others v Heathlands Mental Health National Health Service Trust
- 1996
- All England Law Reports (1996) 1 All ER 133-139(7) .
ChD 19 September 1995. A property purchased by an nhs trust to house five mentally disturbed patients was subject to a 1909 restrictive covenant restricting its use to a residential dwelling. The plaintiffs sought injunction to enforce covenant. Raised question of whether a statutory body which has required land for the purpose of carrying out its statutory functions be restrained by an injunction from making use of the land for the purpose for which it was required. Held that the benefit of a restrictive covenant could not stand in the way of the use of the property acquired for statutory purpose. Remedies were available inn compulsory purchase legislation.
COMMUNITY CARE
ENFORCEABILITY
MENTAL PATIENTS
MENTALLY DISTURBED
RESTRICTIVE COVENANTS
SHELTERED ACCOMMODATION
STATUTORY PURPOSE
ChD 19 September 1995. A property purchased by an nhs trust to house five mentally disturbed patients was subject to a 1909 restrictive covenant restricting its use to a residential dwelling. The plaintiffs sought injunction to enforce covenant. Raised question of whether a statutory body which has required land for the purpose of carrying out its statutory functions be restrained by an injunction from making use of the land for the purpose for which it was required. Held that the benefit of a restrictive covenant could not stand in the way of the use of the property acquired for statutory purpose. Remedies were available inn compulsory purchase legislation.
COMMUNITY CARE
ENFORCEABILITY
MENTAL PATIENTS
MENTALLY DISTURBED
RESTRICTIVE COVENANTS
SHELTERED ACCOMMODATION
STATUTORY PURPOSE