000 01437cab a2200181 4500
001 ABS39064
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u14166
041 _aeng
245 _aCryer v Scott Brothers (Sunbury) Ltd
260 _c1988
350 _a0
490 _aProperty and Compensation Reports
_v(1988) 55 PCR 183-204(22)
520 _aCA 19 December 1987. By a transfer, in 1955, part of a plot of land was transferred to the defendants (S) who entered into restrictive covenants for the benefit of the remainder of the plot. One covenant required all building plans to be submitted to the original owners (S) for approval before building work commenced. By a transfer in 1956 S transferred a house built on the estate to the plaintiff (C) the covenants transferring with the land. In 1958 the remainder of the plot was transfered to S who thereby became entitled to the benefit of the covenants included in the 1955 transfer. In 1982 C wrote to S informing them that he proposed to build an additional room over the garage. S refused permission. C claimed that approval was not needed as it applied only to the original construction of a house and not to extensions . If he was held to the covenant there was an implied promise that approval would not be refused unreasonably by S. Judgment was given for C on appeal, it was held th
690 _aLAND-CASE LAW
942 _n0
948 _c04/03/1997
999 _c9199
_d9199