Property law update
Language: English Series: New Law Journal!v155(7197) 21 October 2005, 1598-1599(2)Publication details: 2005Subject(s): Summary: Discusses recent case law on the impact of restrictive covenants on freehold land. Sims v Mahon (L131139) and Rickman v Brudenell-Bruce (see Rickman v Earl of Cardigan, L130406) both concerned the proper construction of covenants prohibiting and/or restricting building on land. In both cases, it was held that a covenantee must act reasonably in withholding approval to any application for permission to build in breach of the covenant, ie he must not act arbitrarily, capriciously or from improper motives. Harris v Williams-Wynne ([2005] EWHC 151) considered whether the defendant was entitled to damages where it was alleged he had expressly or impliedly consented to a breach of covenant not to build on land. The judge held that the defendant had not lost the right to claim damages by reason of his delay in objecting to the breach.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131422 (Browse shelf(Opens below)) | 1 | Available | 131422-1001 |
Discusses recent case law on the impact of restrictive covenants on freehold land. Sims v Mahon (L131139) and Rickman v Brudenell-Bruce (see Rickman v Earl of Cardigan, L130406) both concerned the proper construction of covenants prohibiting and/or restricting building on land. In both cases, it was held that a covenantee must act reasonably in withholding approval to any application for permission to build in breach of the covenant, ie he must not act arbitrarily, capriciously or from improper motives. Harris v Williams-Wynne ([2005] EWHC 151) considered whether the defendant was entitled to damages where it was alleged he had expressly or impliedly consented to a breach of covenant not to build on land. The judge held that the defendant had not lost the right to claim damages by reason of his delay in objecting to the breach.