Martin and David Wilson Homes Ltd
Series: Estates Gazette ; [2004] 39 EG 134-138(5)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 1027, 28 June 2004. Appellant DWH appealed against HC's decision over its interpretation of a restrictive covenant which restricted use of buildings on two plots of land for any purpose other than a private dwelling house. The appeal was concerned with the judge's interpretation of the indefinite article 'a' in the restrictive covenant agreement. The judge interpreted the covenant as meaning that the phase 'a private dwelling house' meant that no more than one building on each plot could be used as a dwelling house.CA held that the indefinite article 'a' restricted the manner of use and not the number of buildings. Appeal allowed. HC decision overturned. View judgment at www.bailii.org.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68379 (Browse shelf(Opens below)) | 1 | Available | 127685-1001 |
[2004] EWCA Civ 1027, 28 June 2004. Appellant DWH appealed against HC's decision over its interpretation of a restrictive covenant which restricted use of buildings on two plots of land for any purpose other than a private dwelling house. The appeal was concerned with the judge's interpretation of the indefinite article 'a' in the restrictive covenant agreement. The judge interpreted the covenant as meaning that the phase 'a private dwelling house' meant that no more than one building on each plot could be used as a dwelling house.CA held that the indefinite article 'a' restricted the manner of use and not the number of buildings. Appeal allowed. HC decision overturned. View judgment at www.bailii.org.