Covenant restriction
Brewer, Geoff
Covenant restriction - 2005 - Contract Journal 430(6545) 5 October 2005, 20(1) .
Discusses "Mortimer v Bailey"([2004] EWCA Civ 1514, Abs68661) where M applied for a mandatory injunction to remove an extension erected by the owners of the neighbouring property, B, on the grounds that it had been built in breach of a restrictive covenant. It was held that an injunction was an appropriate remedy. M had informed B upon commencement of the building works that they did not consent to the extension, and that proceedings were contemplated. In this case, damages would not be adequate compensation.
MORTIMER AND ANOTHER V BAILEY AND ANOTHER
Covenant restriction - 2005 - Contract Journal 430(6545) 5 October 2005, 20(1) .
Discusses "Mortimer v Bailey"([2004] EWCA Civ 1514, Abs68661) where M applied for a mandatory injunction to remove an extension erected by the owners of the neighbouring property, B, on the grounds that it had been built in breach of a restrictive covenant. It was held that an injunction was an appropriate remedy. M had informed B upon commencement of the building works that they did not consent to the extension, and that proceedings were contemplated. In this case, damages would not be adequate compensation.
MORTIMER AND ANOTHER V BAILEY AND ANOTHER