[2006] EWHC 1293 (Ch), 25 May 2006. Considers whether there had been a breach in a restrictive covenant whereby land was not permitted to be used other than as private residences. S and O owned neighbouring properties on a residential estate. O was building an additional house behind the original house and had used part of the original land for access to the new development. S brought proceedings against O in respect of a breach of restrictive covenant under a 1925 conveyance which S claimed stated that the relevant land could not be used for anything but private residences. "Held": S had the benefit of the restrictive covenant not because there was a building scheme but by reason of annexation. O's use of the land for access was a breach of the restrictive covenant. The court ruled that it would be oppressive to grant a permanent injunction and awarded S £3 270 in lieu as damages.