Signature of St Albans (Property) Guernsey Ltd v Wragg & Ors (restrictive covenants in relation to land)

The 1910 restrictive covenants continue to affect the Property and are enforceable by injunction by any or all the defendants against the claimant; breaches of vendor covenants elsewhere or changes in neighbourhood character do not bar enforcement unless estoppel applies.

Parties: Claimant: Signature of St Albans (Property) Guernsey Limited; Defendants: Stephen Peter Wragg and 19 others
Jurisdiction: England and Wales
Judgment Date: 27 September 2017
Procedural Posture: Civil / Judgment
Outcome: Declarations granted; restrictive covenants continue to affect the Property and are enforceable by defendants against claimant.
Legal Topics: Restrictive Covenants, Enforceability of Covenants, Land Registration, Mutual Covenants, Change of Neighbourhood Character

Property Law Equity Restrictive Covenants Enforceability of Covenants Land Registration Mutual Covenants Change of Neighbourhood Character

Case Brief

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Parties

Signature of St Albans (Property) Guernsey Limited

Claimant

Stephen Peter Wragg and 19 others

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 1910 restrictive covenants continue to affect the Property
2 Whether the 1910 restrictive covenants are enforceable against the claimant as owner of the Property
3 If enforceable, by whom they are enforceable

Ratio Decidendi

Court Disposition

Declarations granted; restrictive covenants continue to affect the Property and are enforceable by defendants against claimant.

Orders

Declarations as to effect and enforceability of 1910 restrictive covenants
Declarations as to parties entitled to enforce