Martin v David Wilson Homes Ltd.

Martin v David Wilson Homes Ltd.

The phrase 'a private dwellinghouse' in the restrictive covenant is a restriction as to the manner of use and not a limitation on the number of dwellings permitted upon the plot. The wording and context of the covenant, including references to 'any buildings' and 'any part thereof,' indicate that multiple dwellings are not prohibited so long as each is used as a private dwellinghouse.

Parties
Claimant/respondent: Wayne Martin; Defendant/appellant: David Wilson Homes Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Restrictive Covenants, Construction of Covenants, Interpretation of Contracts
Land Law Property Law Restrictive Covenants Construction of Covenants Interpretation of Contracts

Case Brief

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Parties

Wayne Martin

Claimant/respondent

David Wilson Homes Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the phrase 'a private dwellinghouse' in a restrictive covenant limits the number of dwellings to one per plot or is merely a restriction as to the manner of use.

Ratio Decidendi

The phrase 'a private dwellinghouse' in the restrictive covenant is a restriction as to the manner of use and not a limitation on the number of dwellings permitted upon the plot. The wording and context of the covenant, including references to 'any buildings' and 'any part thereof,' indicate that multiple dwellings are not prohibited so long as each is used as a private dwellinghouse.

Court Disposition

Appeal allowed

Orders

  • The answer to the preliminary issue is that the expression 'a private dwellinghouse' in the restrictive covenant is merely a restriction as to the manner of use and is not a limitation of number of dwellings permitted upon the plot.
  • Minute of order to be produced by counsel; costs to be agreed or referred to hearing judges if not agreed.