Norwich City College of Further and Higher Education v McQuillin & Anor [2009] EWHC 1496 (Ch) (26 June 2009)

Norwich City College of Further and Higher Education v McQuillin & Anor [2009] EWHC 1496 (Ch) (26 June 2009)

The benefit of the restrictive covenants was annexed only to the part or parts of the Trafford Estate at Lakenham remaining unsold from time to time, and as the estate has now been fully sold, there is no one entitled to enforce the covenants; therefore, the covenants are no longer enforceable against the College.

Citation
[2009] EWHC 1496 (Ch)
Parties
Claimant: Norwich City College of Further and Higher Education; Defendant: Benjamin Michael McQuillin; Defendant: June Adrienne Downs
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Claim for Declaration Under Section 84(2) Law of Property Act 1925 / Judgment After Hearing
Outcome
Declaration granted in favour of the claimant
Legal Topics
Restrictive Covenants, Annexation of Benefit, Declaratory Relief
Property Law Equity Restrictive Covenants Annexation of Benefit Declaratory Relief

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Parties

Norwich City College of Further and Higher Education

Claimant

Benjamin Michael McQuillin

Defendant

June Adrienne Downs

Defendant

Procedural Posture

Claim for Declaration Under Section 84(2) Law of Property Act 1925 / Judgment After Hearing

Legal Issues

  1. 1 Whether restrictive covenants in the 1936 Conveyance remain enforceable and by whom
  2. 2 Proper construction of the annexation of the benefit of the covenants

Ratio Decidendi

The benefit of the restrictive covenants was annexed only to the part or parts of the Trafford Estate at Lakenham remaining unsold from time to time, and as the estate has now been fully sold, there is no one entitled to enforce the covenants; therefore, the covenants are no longer enforceable against the College.

Court Disposition

Declaration granted in favour of the claimant

Orders

  • It is declared that the land the subject of the 1936 Conveyance is no longer affected by the restrictive covenants and those covenants are no longer enforceable by anyone.