Crest Nicholson Residential (South) Ltd v McAllister (Record no. 117234)

MARC details
000 -LEADER
fixed length control field 02729cam a2200277 4500
001 - CONTROL NUMBER
control field ABS67766
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040423n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125932
245 ## - TITLE STATEMENT
Title Crest Nicholson Residential (South) Ltd v McAllister
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 24 EG 150-160(9)
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA Civ 410, 1 April 2004. Appellant company (C) and respondent house owner (M) cross-appealed against an order determining the extent to which land of which C was the purchaser, under a conditional contract, was subject to restrictive covenants which M claimed to be entitled to benefit of. The land had originally been sold for building development to two brothers operating as a company. The company sold off the land in plots to individual purchasers by way of conveyances subject to restrictive covenants. There were four conveyances relevant to claim: Arthur; Humphreys; Roberts; and Wing. M was proprietor of a property known as Newlyn which was part of the land conveyed by the Wing conveyance. C entered into a conditional contract to purchase land which comprised part of all four conveyances to build five new houses. M contended this would breach terms of the restrictive covenants which as owner of Newlyn was entitled to benefit. HC ([2002] EWHC 2443 (Ch), [2003] 1 All ER 46) ruled that M was entitled to the benefit of the covenants imposed but ruled that the building restriction had been spent on the death of the two brothers or the dissolution of their company. However, the user restriction precluded C from erecting more than one dwelling house. C appealed challenging the finding on the effect of the user restriction and M cross-appealed challenging the finding that the building restriction was spent. C argued that on a true construction of the relevant conveyances and under the terms of the Law of Property Act 1925 s78 there was no annexation to land. "Held": the benefit of the covenants was not annexed to the land owned by M. Appeal allowed, cross-appeal dismissed. View judgment at www.bailii.org
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RESTRICTIVE COVENANTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NEIGHBOURING LAND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REGISTERED TITLE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S78
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element USER RESTRICTIONS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONDITIONAL CONTRACTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/410.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/410.html</a>
Public note View judgment on the BAILLI websiteƯ
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/410.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/410.html</a>
Public note View judgment on the BAILLI websiteƯ
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/04/2004   ABS67766 125932-1001 06/08/2019 1 06/08/2019 Law report