000 01613cam a2200289 4500
008 030311n2003 000 0 eng u
035 _a(Sirsi) u121590
100 _aChapman, V.
245 _aNot in my back yard!: was there recent restrictive covenants on land case a victory?
260 _c2003
490 _aSolicitors' Journal
_v147(2) 17 January 2003, 48-49(2)
520 _aDiscusses "Crest Nicholson Residential (South) Ltd v McAllister" (ChD Abs66116) where two restrictive covenants threatened land development. The first covenant restricted land use for the purpose of a private dwellinghouse for a single house or for private residential use. The second covenant restricted building on land unless plans were approved by a named person were absolute or spent if the person died. The judge upheld the "prima facie" meaning of the covenant restricting use to a private dwellinghouse whilst recognising that the second covenant prohibiting building had been spent upon dissolution of the company. "Crest" is likely to be used as a precedent when similar restrictive covenants are considered in the future.
590 _aABS
650 _aCREST NICHOLSON RESIDENTIAL (SOUTH) LTD V MCALLISTER
650 _aCOVENANTS
650 _aDEVELOPMENT LAND
650 _aDWELLINGHOUSES
650 _aDOBBS V LINFORD
650 _aDOWNIE V TURNER
650 _aBRIGGS V MCCUSKER
650 _aRE BEECHWOOD HOMES LTDS APPLICATION 1994
650 _aBELL V NORMAN C ASHTON LTD
650 _aLAW OF PROPERTY ACT 1925 S61
650 _aRESTRICTIVE COVENANTS
690 _aPROPERTY
942 _n0
999 _c72280
_d72280