Morrells of Oxford Ltd v Oxford United Football Club and others
Series: Estates Gazette ; [2000] 45 EG 176-181(6)Publication details: 2000Subject(s): Summary: The claimant (M) owned the site of a pub, acquired by a predecessor in title from Oxford CC under a conveyance dated 20 August 1962. Clause 3a of the conveyance stated that the vendors at the date of the conveyance would not permit any developments within a half mile radius of the pub site to be used as licensed premises. The council proposed to sell some of the affected land to the defendents, who planned to erect a football stadium, hotel and leisure complex. M contended that the plans would be contrary to clause 3a of the 1962 conveyance and issued proceedings. The defendants issued an application for the plans claiming the action would fail as there were not any breaches to the covenant. "Held", application allowed. The covenant in clause 3a made no reference to successors in title, and was therefore limited to acts permitted by Oxford CC.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS63224 (Browse shelf(Opens below)) | 1 | Available | 109571-1001 |
The claimant (M) owned the site of a pub, acquired by a predecessor in title from Oxford CC under a conveyance dated 20 August 1962. Clause 3a of the conveyance stated that the vendors at the date of the conveyance would not permit any developments within a half mile radius of the pub site to be used as licensed premises. The council proposed to sell some of the affected land to the defendents, who planned to erect a football stadium, hotel and leisure complex. M contended that the plans would be contrary to clause 3a of the 1962 conveyance and issued proceedings. The defendants issued an application for the plans claiming the action would fail as there were not any breaches to the covenant. "Held", application allowed. The covenant in clause 3a made no reference to successors in title, and was therefore limited to acts permitted by Oxford CC.