Brown and others v Heathlands Mental Health National Health Service Trust
Language: English Series: All England Law Reports ; (1996) 1 All ER 133-139(7)Publication details: 1996Subject(s): Summary: ChD 19 September 1995. A property purchased by an nhs trust to house five mentally disturbed patients was subject to a 1909 restrictive covenant restricting its use to a residential dwelling. The plaintiffs sought injunction to enforce covenant. Raised question of whether a statutory body which has required land for the purpose of carrying out its statutory functions be restrained by an injunction from making use of the land for the purpose for which it was required. Held that the benefit of a restrictive covenant could not stand in the way of the use of the property acquired for statutory purpose. Remedies were available inn compulsory purchase legislation.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS54419 (Browse shelf(Opens below)) | 1 | Available | 10214-1001 |
ChD 19 September 1995. A property purchased by an nhs trust to house five mentally disturbed patients was subject to a 1909 restrictive covenant restricting its use to a residential dwelling. The plaintiffs sought injunction to enforce covenant. Raised question of whether a statutory body which has required land for the purpose of carrying out its statutory functions be restrained by an injunction from making use of the land for the purpose for which it was required. Held that the benefit of a restrictive covenant could not stand in the way of the use of the property acquired for statutory purpose. Remedies were available inn compulsory purchase legislation.