000 01412cab a2200205 4500
001 ##L131139
008 051003n2005 000 0 eng u
035 _a(Sirsi) u131139
041 0 _aeng
100 1 _aRoss, Jonathan
245 0 0 _aCase news: Sims v Mahon
260 _c2005
490 0 _aProperty Week
_v(70)38 23 September 2005, 77(1)
520 _a8 June 2005. This case (OLD, [2005 EG 158) involves a restrictive covenant on land sold to neighbours. Mr and Mrs Houghton sold the Sims the land in 1995, with a covenant that the land was to be used as a private garden, with only a greenhouse, shed or domestic garage erected on the plot. S proposed to build a double garage and store, and H had no objection to this. H subsequently sold their house to M who objected to the proposed development. At the initial hearing it was proposed that S needed the consent of M rather than H. "Held:" the judge decided that although the covenant could be interpreted that H had to provide consent, he considered that the future owners, including at this time M, were als intended to have benefit of the covenant. However it was ruled that M could only refuse on the grounds that any reasonable neighbour would also have refused.
590 _aIKA111005
650 2 4 _aR SIMS AND ANOTHER V MAHON AND ANOTHER
650 2 4 _aLAW OF PROPERTY ACT 1925 S78
690 _aPROPERTY-PROPERTY DEVELOPMENT
942 _n0
999 _c75965
_d75965