Seymour Road (Southampton) Ltd v Williams & Ors [2010] EWHC 111 (Ch) (29 January 2010)

The covenants in question were personal to the original vendor (the Society) and not annexed to land; as the Society has ceased to exist and retained no land, the covenants are no longer enforceable against the claimant's land.

Citation: [2010] EWHC 111 (Ch)
Parties: Claimant: Seymour Road (Southampton) Ltd; Defendants: Robin Williams & Ors
Jurisdiction: England and Wales
Judgment Date: 29 January 2010
Procedural Posture: Chancery Division Civil Claim / Judgment After Hearing of Unopposed Application
Outcome: Declaration granted that the covenants are no longer enforceable.
Legal Topics: Restrictive Covenants, Annexation of Covenants, Enforceability of Covenants, Land Law

Property Law Equity Restrictive Covenants Annexation of Covenants Enforceability of Covenants Land Law

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Parties

Seymour Road (Southampton) Ltd

Claimant

Robin Williams & Ors

Defendants

Procedural Posture

Chancery Division Civil Claim / Judgment After Hearing of Unopposed Application

Legal Issues

1 Whether covenants imposed by 1896 deeds are enforceable against the claimant's land
2 Whether the benefit of the covenants was annexed to land or personal to the original vendor
3 Effect of the dissolution of the original covenantee (the Society) on enforceability

Ratio Decidendi

Court Disposition

Declaration granted that the covenants are no longer enforceable.

Orders

Declaration under paragraphs 1(i) and (iii) that the covenants are no longer enforceable.