Case news: Sims v Mahon
Ross, Jonathan
Case news: Sims v Mahon - 2005 - Property Week (70)38 23 September 2005, 77(1) .
8 June 2005. This case (OLD, [2005 EG 158) involves a restrictive covenant on land sold to neighbours. Mr and Mrs Houghton sold the Sims the land in 1995, with a covenant that the land was to be used as a private garden, with only a greenhouse, shed or domestic garage erected on the plot. S proposed to build a double garage and store, and H had no objection to this. H subsequently sold their house to M who objected to the proposed development. At the initial hearing it was proposed that S needed the consent of M rather than H. "Held:" the judge decided that although the covenant could be interpreted that H had to provide consent, he considered that the future owners, including at this time M, were als intended to have benefit of the covenant. However it was ruled that M could only refuse on the grounds that any reasonable neighbour would also have refused.
R SIMS AND ANOTHER V MAHON AND ANOTHER
LAW OF PROPERTY ACT 1925 S78
Case news: Sims v Mahon - 2005 - Property Week (70)38 23 September 2005, 77(1) .
8 June 2005. This case (OLD, [2005 EG 158) involves a restrictive covenant on land sold to neighbours. Mr and Mrs Houghton sold the Sims the land in 1995, with a covenant that the land was to be used as a private garden, with only a greenhouse, shed or domestic garage erected on the plot. S proposed to build a double garage and store, and H had no objection to this. H subsequently sold their house to M who objected to the proposed development. At the initial hearing it was proposed that S needed the consent of M rather than H. "Held:" the judge decided that although the covenant could be interpreted that H had to provide consent, he considered that the future owners, including at this time M, were als intended to have benefit of the covenant. However it was ruled that M could only refuse on the grounds that any reasonable neighbour would also have refused.
R SIMS AND ANOTHER V MAHON AND ANOTHER
LAW OF PROPERTY ACT 1925 S78