000 01674cam a2200217 4500
001 ABS63479
008 000000n2001 000 0 eng u
035 _a(Sirsi) u110756
245 _aMorrells of Oxford Ltd v Oxford Football Club and others
260 _c2001
490 _aEstates Gazette
_v[2001] 04 EG 147-153(7)
520 _aCA 21 July 2001. The second defendants, Oxford CC, intended to sell some of the land within half a mile of a pub owned by the claimant (M) to the third, fourth and fifth defendants for a development to include a stadium for the first defendant and a hotel and leisure complex. M brought proceedings contending that the proposed development breached a covenant in the conveyance, under which claimant's predecessor in title had acquired the pub's site from the council, in which the vendor agreed not to develop of licensed premises on the land it owned within a half mile radius. After the first, third, fourth and fifth defendants issued an application under CPR Part 24 to strike out the claimants claim judgement was given to the defendants. M then appealed but this was dismissed on the grounds that the covenant only related to the use of the land by the council and not by any successor in title and that the Law of Property Act 1925 s79 did not apply as contended by M. "Held": Part 24 application allowed; appeal dismissed.
590 _aABS
650 _aLAW OF PROPERTY ACT 1925 S79
650 _aMORRELLS OF OXFORD LTD V OXFORD UNITED FOOTBALL CLUB AND OTHERS
650 _aPUBLIC HOUSES
650 _aRESTRICTIVE COVENANTS
650 _aSUCCESSORS IN TITLE
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c66019
_d66019