000 01331cab a2200205 4500
001 ABS68379
008 041013n2004 000 0 eng u
035 _a(Sirsi) u127685
245 _aMartin and David Wilson Homes Ltd
260 _c2004
490 _aEstates Gazette
_v[2004] 39 EG 134-138(5)
520 _a[2004] EWCA Civ 1027, 28 June 2004. Appellant DWH appealed against HC's decision over its interpretation of a restrictive covenant which restricted use of buildings on two plots of land for any purpose other than a private dwelling house. The appeal was concerned with the judge's interpretation of the indefinite article 'a' in the restrictive covenant agreement. The judge interpreted the covenant as meaning that the phase 'a private dwelling house' meant that no more than one building on each plot could be used as a dwelling house.CA held that the indefinite article 'a' restricted the manner of use and not the number of buildings. Appeal allowed. HC decision overturned. View judgment at www.bailii.org.
590 _aABS
650 _aMARTIN V DAVID WILSON HOMES LTD
650 _aRESTRICTIVE COVENANTS
650 _aDWELLING HOUSE
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1027.html
_zView judgment at the BAILIi websiteƯ
942 _n0
999 _c74568
_d74568