Not in my back yard!: was there recent restrictive covenants on land case a victory?
Chapman, V.
Not in my back yard!: was there recent restrictive covenants on land case a victory? - 2003 - Solicitors' Journal 147(2) 17 January 2003, 48-49(2) .
Discusses "Crest Nicholson Residential (South) Ltd v McAllister" (ChD Abs66116) where two restrictive covenants threatened land development. The first covenant restricted land use for the purpose of a private dwellinghouse for a single house or for private residential use. The second covenant restricted building on land unless plans were approved by a named person were absolute or spent if the person died. The judge upheld the "prima facie" meaning of the covenant restricting use to a private dwellinghouse whilst recognising that the second covenant prohibiting building had been spent upon dissolution of the company. "Crest" is likely to be used as a precedent when similar restrictive covenants are considered in the future.
CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
COVENANTS
DEVELOPMENT LAND
DWELLINGHOUSES
DOBBS V LINFORD
DOWNIE V TURNER
BRIGGS V MCCUSKER
RE BEECHWOOD HOMES LTDS APPLICATION 1994
BELL V NORMAN C ASHTON LTD
LAW OF PROPERTY ACT 1925 S61
RESTRICTIVE COVENANTS
Not in my back yard!: was there recent restrictive covenants on land case a victory? - 2003 - Solicitors' Journal 147(2) 17 January 2003, 48-49(2) .
Discusses "Crest Nicholson Residential (South) Ltd v McAllister" (ChD Abs66116) where two restrictive covenants threatened land development. The first covenant restricted land use for the purpose of a private dwellinghouse for a single house or for private residential use. The second covenant restricted building on land unless plans were approved by a named person were absolute or spent if the person died. The judge upheld the "prima facie" meaning of the covenant restricting use to a private dwellinghouse whilst recognising that the second covenant prohibiting building had been spent upon dissolution of the company. "Crest" is likely to be used as a precedent when similar restrictive covenants are considered in the future.
CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
COVENANTS
DEVELOPMENT LAND
DWELLINGHOUSES
DOBBS V LINFORD
DOWNIE V TURNER
BRIGGS V MCCUSKER
RE BEECHWOOD HOMES LTDS APPLICATION 1994
BELL V NORMAN C ASHTON LTD
LAW OF PROPERTY ACT 1925 S61
RESTRICTIVE COVENANTS