Peter Livett & Anor v S Hennings & Ors

Peter Livett & Anor v S Hennings & Ors

The objectors failed to prove the existence of a building scheme covering the applicants' property because there is no defined estate and no evidence that the covenants were intended to be mutually enforceable as between the several owners; the conveyance and extrinsic evidence do not establish the necessary requirements for a building scheme.

Parties
Applicants: Peter and Susan Livett; Objectors: Mr and Mrs S Hennings; Objectors: Mr and Mrs R Murdin
Jurisdiction
England and Wales
Judgment Date
07 December 2022
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Preliminary Issue Determination on Objectors' Standing
Outcome
Objectors do not have standing to object based on a building scheme; Tribunal to give directions for further determination of the application.
Legal Topics
Restrictive Covenants, Building Schemes, Mutual Enforceability, Section 84 Applications
Property Law Land Law Restrictive Covenants Building Schemes Mutual Enforceability Section 84 Applications

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Parties

Peter and Susan Livett

Applicants

Mr and Mrs S Hennings

Objectors

Mr and Mrs R Murdin

Objectors

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Preliminary Issue Determination on Objectors' Standing

Legal Issues

  1. 1 Whether the objectors have the benefit of restrictive covenants over the applicants' property by virtue of a building scheme
  2. 2 Whether a building scheme exists covering the relevant properties
  3. 3 Whether the covenants were intended to be mutually enforceable across the estate

Ratio Decidendi

The objectors failed to prove the existence of a building scheme covering the applicants' property because there is no defined estate and no evidence that the covenants were intended to be mutually enforceable as between the several owners; the conveyance and extrinsic evidence do not establish the necessary requirements for a building scheme.

Court Disposition

Objectors do not have standing to object based on a building scheme; Tribunal to give directions for further determination of the application.

Orders

  • Tribunal will give directions to the applicants regarding the determination of their application.