Davies v Dennis & Ors [2009] EWCA Civ 1081 (22 October 2009)

Davies v Dennis & Ors [2009] EWCA Civ 1081 (22 October 2009)

The restrictive covenant in paragraph 2 is sufficiently wide to apply to the erection of buildings that may be or become a nuisance or annoyance to other estate owners. Approval under paragraph 1 does not preclude enforcement of paragraph 2. The appellant did not obtain the necessary written approval under paragraph 1. The appeal is dismissed.

Citation
[2009] EWCA Civ 1081
Parties
Appellant: Anthony Stephen Davies; Respondents: Richard and Margaret Dennis and Others
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Construction of Covenants, Injunctions, Building Approvals, Nuisance and Annoyance
Property Law Land Law Restrictive Covenants Construction of Covenants Injunctions Building Approvals Nuisance and Annoyance

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Parties

Anthony Stephen Davies

Appellant

Richard and Margaret Dennis and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the restrictive covenant in paragraph 2 applies to the erection of buildings or is limited to activities other than building works
  2. 2 Whether the proposed building works would constitute a 'nuisance or annoyance' under the covenant
  3. 3 Whether the appellant had obtained the necessary written approval under paragraph 1 of the schedule

Ratio Decidendi

The restrictive covenant in paragraph 2 is sufficiently wide to apply to the erection of buildings that may be or become a nuisance or annoyance to other estate owners. Approval under paragraph 1 does not preclude enforcement of paragraph 2. The appellant did not obtain the necessary written approval under paragraph 1. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the proposed building works would breach restrictive covenants if carried out
  • Injunction restraining the appellant from carrying out the works