Duffield & Anor v Gandy

Duffield & Anor v Gandy

The Lands Tribunal did not err in law. The covenant, while not restricting garden use per se, secured a practical benefit of substantial value to the respondent by preventing erection of a residence and the associated loss of privacy from ancillary garden use. The Tribunal correctly compared the impact of the proposed development with the status quo and was entitled to find the benefit substantial.

Parties
Appellant: Andrew Duffield & Anor; Respondent: Winifred Gandy
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal
Outcome
appeal dismissed
Legal Topics
Restrictive Covenants, Modification or Discharge of Covenants, Privacy Rights, Land Use
Property Law Restrictive Covenants Modification or Discharge of Covenants Privacy Rights Land Use

Case Brief

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Parties

Andrew Duffield & Anor

Appellant

Winifred Gandy

Respondent

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal

Legal Issues

  1. 1 Whether the Lands Tribunal erred in refusing to modify or discharge a restrictive covenant preventing erection of a residence on the appellants' property
  2. 2 Whether the covenant secured practical benefits of substantial value or advantage to the respondent

Ratio Decidendi

The Lands Tribunal did not err in law. The covenant, while not restricting garden use per se, secured a practical benefit of substantial value to the respondent by preventing erection of a residence and the associated loss of privacy from ancillary garden use. The Tribunal correctly compared the impact of the proposed development with the status quo and was entitled to find the benefit substantial.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.