000 01619cab a2200205 4500
001 ##L134221
008 060718n2006 000 0 eng u
035 _a(Sirsi) u134221
041 0 _aeng
245 0 0 _aHugh Small v Oliver and Saunders (Developments) Ltd
260 _c2006
520 _a[2006] EWHC 1293 (Ch), 25 May 2006. Considers whether there had been a breach in a restrictive covenant whereby land was not permitted to be used other than as private residences. S and O owned neighbouring properties on a residential estate. O was building an additional house behind the original house and had used part of the original land for access to the new development. S brought proceedings against O in respect of a breach of restrictive covenant under a 1925 conveyance which S claimed stated that the relevant land could not be used for anything but private residences. "Held": S had the benefit of the restrictive covenant not because there was a building scheme but by reason of annexation. O's use of the land for access was a breach of the restrictive covenant. The court ruled that it would be oppressive to grant a permanent injunction and awarded S £3 270 in lieu as damages.
650 2 4 _aSMALL V OLIVER AND SAUNDERS (DEVELOPMENTS) LTD
650 2 4 _aJAMAICA MUTUAL LIFE ASSURANCE SOCIETY V HILLSBOROUGH LTD
650 2 4 _aREID V BICKERSTAFF
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL PROPERTY DEVELOPMENT
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2006/1293.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77414
_d77414