Smith v Garrard

Smith v Garrard

The restriction against parking vehicles in paragraph 10 of the Fourth Schedule is not absolute but is limited to parking that would obstruct the exercise of rights of way. The covenant must be construed purposively, in context, and not as an absolute prohibition on parking.

Parties
Claimant/appellant: Martin Smith; Defendant/respondent: Jeanne Garrard
Jurisdiction
England and Wales
Judgment Date
17 November 2004
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Easements, Interpretation of Contracts
Property Law Land Law Restrictive Covenants Easements Interpretation of Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Smith

Claimant/appellant

Jeanne Garrard

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the restrictive covenant in paragraph 10 of the Fourth Schedule to the 1997 transfer prohibits all parking or only parking that obstructs rights of way
  2. 2 Whether the judge erred in refusing an injunction restraining parking under the covenant

Ratio Decidendi

The restriction against parking vehicles in paragraph 10 of the Fourth Schedule is not absolute but is limited to parking that would obstruct the exercise of rights of way. The covenant must be construed purposively, in context, and not as an absolute prohibition on parking.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £4,817.50 plus VAT.