This section of the site contains information on various matters relating to restrictive covenants:
To select the topic of interest to you click on the list on the lift.
To use the The Upper Tribunal (Lands Chamber) website to search for decisions in restrictive covenant cases (or indeed any other case) click here. For the enforcement of positive covenants click here.
This page contains details of a few points that are relevant to the "burden" of restrictive covenants. Unless the person who is seeking to breach of the restrictive covenant is in fact subject to the burden of the covenant it will not be possible to take action...
A person cannot enforce a restrictive covenant unless he or she has "the benefit of the covenant". If the parties are the original parties to the covenant there is no problem. The covenant can be enforced like any other contract. However, the covenant may have been...
Who do you ask for consent? The original transferor of the land who took the benefit of the covenant, or his successor in title who now has the benefit of the covenant? Can the consent be unreasonably withheld? Finally, what is the situation where there is a...
This page deals with injunctions (interim and final) and damages in cases where one party is seeking to enforce a restrictive covenant. See also damages in lieu of an injunction. Injunction Interim injunction Gregory v Court Royal Ltd [2002] EWHC 936 (Ch) The...
Covenant not to cause annoyance Reduced views from building extension sufficient to cause annoyance Davies v Dennis [2009] EWCA Civ 1081 A covenant not to cause nuisance or annoyance was capable of protecting the views towards the river of those with the benefit of...
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