000			01722cam a2200265 4500
001			ABS67981
008			040720n2004 000 0 eng u
035			_a(Sirsi) u126849
245			_aJarvis Homes Ltd v Marshall and another
260			_c2004
490			_aEstates Gazette _v[2004] 29 EG 116(CS)
520			_a[2004] EWCA Civ 839, 6 July 2004. Appeal against a HC decision which held that the construction and use of a roadway over part of a garden for access to a proposed development of 10 houses on an adjoining site would not infringe a restrictive covenant. The covenant restricted development of the site to no more than one two-storey private dwelling house. Appellants (M) accepted that demolition of the existing dwelling house and the erection of a new house and garage would not infringe the covenant but opposed the construction and use of a roadway over part of the garden. The grounds for appeal are outlined in paragraph nine of the CA judgment. "Held": the construction and use of the roadway would be a breach of covenant. Appeal allowed. View judgment at www.bailii.org.
590			_aABS
590			_aABS
650			_aJARVIS HOMES LTD V MARSHALL AND ANOTHER
650			_aRESTRICTIVE COVENANTS
650			_aACCESS
650			_aADJOINING LAND
650			_aELLIOTT AND OTHERS V SAFEWAY STORES PLC AND OTHERS
650			_aCO-OPERATIVE RETAIL SERVICES LTD V TESCO STORES LTD
690			_aBOUNDARIES, PARTY WALLS AND EASEMENTS-CASE LAW
856			_uhttps://www.bailii.org.uk/ew/cases/EWCA/Civ/2004/839.html _zView judgment on the BAILLI website...
856			_uhttps://www.bailii.org.uk/ew/cases/EWCA/Civ/2004/839.html _zView judgment on the BAILLI website...
942			_n0
999			_c117732 _d117732