Seymour Road (Southampton) Ltd v Williams & Ors

The covenants were personal to the vendor (the Society) and only enforceable while it retained land; upon dissolution and disposal of all land, the covenants ceased to be enforceable.

Parties: Claimant: Seymour Road (Southampton) Ltd; Defendants: Robin Williams & Ors
Jurisdiction: England and Wales
Judgment Date: 29 January 2010
Procedural Posture: Civil / Judgment
Outcome: Declaration granted; covenants are no longer enforceable.
Legal Topics: Restrictive Covenants, Enforceability of Covenants, Annexation of Covenants, Dissolution of Covenantee

Property Law Restrictive Covenants Enforceability of Covenants Annexation of Covenants Dissolution of Covenantee

Case Brief

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Parties

Seymour Road (Southampton) Ltd

Claimant

Robin Williams & Ors

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 1896 covenants affecting the Application Land are enforceable
2 Whether the covenants were annexed to land or personal to the vendor
3 Effect of the dissolution of the covenantee (the Society) on enforceability

Ratio Decidendi

The covenants were personal to the vendor (the Society) and only enforceable while it retained land; upon dissolution and disposal of all land, the covenants ceased to be enforceable.

Court Disposition

Declaration granted; covenants are no longer enforceable.

Orders

Declaration under paragraphs 1(i) and (iii) granted.