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Restrictive Covenants – principles of construction

Article by Guest Editor Katie Gray of Tanfield Chambers A recent judgment of the High Court has examined the principles applicable to the construction of the purported reservation of rights of release when a restrictive covenant has been imposed.   In Mackenzie v Cheung & Infinity Homes & Developments Limited [2022] EWHC 1694 (Ch), the High Court considered a provision in a deed granting a restrictive covenant which reserved a right to an estate owner “to deal with any of the…

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