Restrictive covenants considered
Restrictive covenants considered
- 2000
- Estates Gazette (0048) 2 December 2000, 116(1) .
Considers the enforceability of restrictive covenants, and the lessons to be learnt from the recent judgment, upheld by the CA, in "Morrells of Oxford Ltd v Oxford United Football Club". This concerned the building of a new stadium for a football club. Key points to come out of this litigation are that: s79 of the Law of Property Act 1925 can, in limited circumstances, extend the enforceability of restrictive covenants; exclusion of s79 does not have to be explicit; it will not apply where it is inconsistent with the terms of the covenant. Also looks at earlier case law and its treatment of contrary intention.
RESTRICTIVE COVENANTS
ENFORCEABILITY
LAW OF PROPERTY ACT 1925 S79
MORRELLS OF OXFORD LTD V OXFORD UNITED FOOTBALL CLUB AND OTHERS
PUBLIC HOUSE
Considers the enforceability of restrictive covenants, and the lessons to be learnt from the recent judgment, upheld by the CA, in "Morrells of Oxford Ltd v Oxford United Football Club". This concerned the building of a new stadium for a football club. Key points to come out of this litigation are that: s79 of the Law of Property Act 1925 can, in limited circumstances, extend the enforceability of restrictive covenants; exclusion of s79 does not have to be explicit; it will not apply where it is inconsistent with the terms of the covenant. Also looks at earlier case law and its treatment of contrary intention.
RESTRICTIVE COVENANTS
ENFORCEABILITY
LAW OF PROPERTY ACT 1925 S79
MORRELLS OF OXFORD LTD V OXFORD UNITED FOOTBALL CLUB AND OTHERS
PUBLIC HOUSE