The National Trust for places of historic interest or natural beauty v William Fleming and others [electronic resource]
Language: English Publication details: 2009Subject(s): Summary: [2009] EWHC 1789 (Ch), 17 July 2009. The case relates to the construction of restrictions in a deed. The National Trust for Places of Historic Interest or Natural Beauty (N) appealed against an interim award concerning a dispute about the construction of a caravan site for the housing of migrant farm workers. N had entered into a Deed of Covenant with the original landowner to protect his land from the expansion of neighbouring towns. Coopers Barn is part of South End Farm, which is part of this Deed. South End Farm is now let to a farming partnership carried on by M. William Fleming (W). Caravans and varied facilities occupy Coopers Barn. W started works on this site to house seasonal workers. T requested the works to cease. W completed works and housed migrant workers in the caravans. The dispute relates to the true construction of the restrictions in the 1966 Deed and on whether the construction of the caravan site and its use to house migrant workers falls within the scope of a proviso which stated that nothing should prevent the cultivation of the land. The arbitrator concluded that the Flemings were entitled to rely upon the Proviso. There was no breach of any of the restrictions included in the 1966 Deed. "Held": The arbitrator's decision on the Proviso is right. The appeal is dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 148108-2001 |
[2009] EWHC 1789 (Ch), 17 July 2009. The case relates to the construction of restrictions in a deed. The National Trust for Places of Historic Interest or Natural Beauty (N) appealed against an interim award concerning a dispute about the construction of a caravan site for the housing of migrant farm workers. N had entered into a Deed of Covenant with the original landowner to protect his land from the expansion of neighbouring towns. Coopers Barn is part of South End Farm, which is part of this Deed. South End Farm is now let to a farming partnership carried on by M. William Fleming (W). Caravans and varied facilities occupy Coopers Barn. W started works on this site to house seasonal workers. T requested the works to cease. W completed works and housed migrant workers in the caravans. The dispute relates to the true construction of the restrictions in the 1966 Deed and on whether the construction of the caravan site and its use to house migrant workers falls within the scope of a proviso which stated that nothing should prevent the cultivation of the land. The arbitrator concluded that the Flemings were entitled to rely upon the Proviso. There was no breach of any of the restrictions included in the 1966 Deed. "Held": The arbitrator's decision on the Proviso is right. The appeal is dismissed.