000			01438cab a2200229 4500
001			##L131422
008			051102n2005 000 0 eng u
035			_a(Sirsi) u131422
041	0		_aeng
100	1		_aTaskis, Catherine
245	0	0	_aProperty law update
260			_c2005
490		0	_aNew Law Journal!v155(7197) 21 October 2005, 1598-1599(2)
520			_aDiscusses recent case law on the impact of restrictive covenants on freehold land. Sims v Mahon (L131139) and Rickman v Brudenell-Bruce (see Rickman v Earl of Cardigan, L130406) both concerned the proper construction of covenants prohibiting and/or restricting building on land. In both cases, it was held that a covenantee must act reasonably in withholding approval to any application for permission to build in breach of the covenant, ie he must not act arbitrarily, capriciously or from improper motives. Harris v Williams-Wynne ([2005] EWHC 151) considered whether the defendant was entitled to damages where it was alleged he had expressly or impliedly consented to a breach of covenant not to build on land. The judge held that the defendant had not lost the right to claim damages by reason of his delay in objecting to the breach.
590			_aIKA081105
650	2	4	_aSIMS V MAHON AND ORS
650	2	4	_aRICKMAN V BRUDENELL-BRUCE
650	2	4	_aHARRIS V WILLIAMS-WYNNE
690			_aPROPERTY-PROPERTY DEVELOPMENT
700	1		_aCope, Siri
942			_n0
999			_c76074 _d76074