Crest Nicholson Residential (South) Ltd v McAllister
Crest Nicholson Residential (South) Ltd v McAllister
- 2002
- Estates Gazette [2002] 48 EG 140 (CS) Commercial Leases 17(1) January 2003, 705-706(2) High Court (Chancery Division) [2002] EWHC 2443 (Ch) .
ChD 18 November 2002. Due to a restrictive covenant the claimant (C) was prevented from building more than one house on each plot. The defendant (M) also contended that there should be an absolute restriction on building as the party named in the covenant no longer existed to give the required approval for any development on the plots. C claimed that the building restriction was discharged on the breakdown of the machinery for seeking approval, having also claimed that on a true construction of the user covenant, it was free to build more than one house on each plot. Held. The first declaration was allowed but the second declaration was refused, supported by the observation of "Dobbs v Linford" 1953.
RESTRICTIVE COVENANTS
HOUSE BUILDING
RESIDENTIAL DEVELOPMENT
USER COVENANTS
CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
ChD 18 November 2002. Due to a restrictive covenant the claimant (C) was prevented from building more than one house on each plot. The defendant (M) also contended that there should be an absolute restriction on building as the party named in the covenant no longer existed to give the required approval for any development on the plots. C claimed that the building restriction was discharged on the breakdown of the machinery for seeking approval, having also claimed that on a true construction of the user covenant, it was free to build more than one house on each plot. Held. The first declaration was allowed but the second declaration was refused, supported by the observation of "Dobbs v Linford" 1953.
RESTRICTIVE COVENANTS
HOUSE BUILDING
RESIDENTIAL DEVELOPMENT
USER COVENANTS
CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER