000 01467cam a2200241 4500
001 ABS66116
008 021203n2002 000 0 eng u
035 _a(Sirsi) u120656
245 _aCrest Nicholson Residential (South) Ltd v McAllister
260 _c2002
490 _aEstates Gazette
_v[2002] 48 EG 140 (CS)
490 _aCommercial Leases
_v17(1) January 2003, 705-706(2)
490 _aHigh Court (Chancery Division)
_v[2002] EWHC 2443 (Ch)
520 _aChD 18 November 2002. Due to a restrictive covenant the claimant (C) was prevented from building more than one house on each plot. The defendant (M) also contended that there should be an absolute restriction on building as the party named in the covenant no longer existed to give the required approval for any development on the plots. C claimed that the building restriction was discharged on the breakdown of the machinery for seeking approval, having also claimed that on a true construction of the user covenant, it was free to build more than one house on each plot. Held. The first declaration was allowed but the second declaration was refused, supported by the observation of "Dobbs v Linford" 1953.
590 _aABS
650 _aRESTRICTIVE COVENANTS
650 _aHOUSE BUILDING
650 _aRESIDENTIAL DEVELOPMENT
650 _aUSER COVENANTS
650 _aCREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
999 _c71702
_d71702