Martin v David Wilson Homes Ltd. [2004] EWCA Civ 1027 (28 June 2004)

Martin v David Wilson Homes Ltd. [2004] EWCA Civ 1027 (28 June 2004)

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, context, and references to 'any buildings' and 'any part thereof' indicate that multiple dwellings are permitted provided each is used as a private dwellinghouse.

Citation
[2004] EWCA Civ 1027
Parties
Defendant/appellant: Wayne Martin; Claimant/respondent: David Wilson Homes Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2004
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Restrictive Covenants, Construction of Covenants, Interpretation of 'a Private Dwellinghouse', Building Schemes
Property Law Land Law Restrictive Covenants Construction of Covenants Interpretation of 'a Private Dwellinghouse' Building Schemes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Wayne Martin

Defendant/appellant

David Wilson Homes Limited

Claimant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the phrase 'a private dwellinghouse' in the restrictive covenant limits the number of dwellings permitted on a plot or merely restricts 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, context, and references to 'any buildings' and 'any part thereof' indicate that multiple dwellings are permitted provided 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.