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Doubt over the benefit

By: Series: Estates Gazette ; (0327) 5 July 2003, 136(1)Publication details: 2003Subject(s): Summary: Discusses "Dano Ltd v Earl Cadogan and others"([2003] EWHC 239 (Ch), [2003] 12 EG 128 (CS)) challenging the enforceability of a restrictive covenant restricting land for use of working classes. HC held that a restrictive covenant cannot be enforced if benefited land no longer exists. Discusses the meaning of the term 'working classes' in a modern context. The HC decision has been upheld on appeal by the CA ([2003] EWCA Civ 782, Abs...).

Discusses "Dano Ltd v Earl Cadogan and others"([2003] EWHC 239 (Ch), [2003] 12 EG 128 (CS)) challenging the enforceability of a restrictive covenant restricting land for use of working classes. HC held that a restrictive covenant cannot be enforced if benefited land no longer exists. Discusses the meaning of the term 'working classes' in a modern context. The HC decision has been upheld on appeal by the CA ([2003] EWCA Civ 782, Abs...).