Norwich City College of Further and Higher Education v McQuillin & Anor

Norwich City College of Further and Higher Education v McQuillin & Anor

The benefit of the restrictive covenants was annexed only to the part or parts of the Trafford Estate for the time being remaining unsold, and since the estate has been fully sold, no one is entitled to enforce the covenants; the College is entitled to a declaration that the land is no longer affected by the covenants.

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
Civil / Judgment
Outcome
Declaration granted
Legal Topics
Restrictive Covenants, Section 84(2) Law of Property Act 1925, Annexation of Benefit, Enforceability of Covenants
Property Law Restrictive Covenants Section 84(2) Law of Property Act 1925 Annexation of Benefit Enforceability of Covenants

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Parties

Norwich City College of Further and Higher Education

Claimant

Benjamin Michael McQuillin

Defendant

June Adrienne Downs

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether restrictive covenants contained in the 1936 Conveyance affecting the College's land are enforceable and by whom
  2. 2 Proper interpretation 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 for the time being remaining unsold, and since the estate has been fully sold, no one is entitled to enforce the covenants; the College is entitled to a declaration that the land is no longer affected by the covenants.

Court Disposition

Declaration granted

Orders

  • The land the subject of the Conveyance is no longer affected by the restrictive covenants and they are no longer enforceable by anyone.