Restrictive covenants considered
Series: Estates Gazette ; (0048) 2 December 2000, 116(1)Publication details: 2000Subject(s): Summary: Considers the enforceability of restrictive covenants, and the lessons to be learnt from the recent judgment, upheld by the CA, in "Morrells of Oxford Ltd v Oxford United Football Club". This concerned the building of a new stadium for a football club. Key points to come out of this litigation are that: s79 of the Law of Property Act 1925 can, in limited circumstances, extend the enforceability of restrictive covenants; exclusion of s79 does not have to be explicit; it will not apply where it is inconsistent with the terms of the covenant. Also looks at earlier case law and its treatment of contrary intention.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| News article | London News article | WB3648-33 (Browse shelf(Opens below)) | 1 | Available | 109851-1001 |
Considers the enforceability of restrictive covenants, and the lessons to be learnt from the recent judgment, upheld by the CA, in "Morrells of Oxford Ltd v Oxford United Football Club". This concerned the building of a new stadium for a football club. Key points to come out of this litigation are that: s79 of the Law of Property Act 1925 can, in limited circumstances, extend the enforceability of restrictive covenants; exclusion of s79 does not have to be explicit; it will not apply where it is inconsistent with the terms of the covenant. Also looks at earlier case law and its treatment of contrary intention.