Margerison v Bates & Anor

Margerison v Bates & Anor

On the true construction of the 1966 Conveyance, 'the Vendor' in sub-clause 2(c) refers only to Mrs Horn. Upon her death, the restrictions in sub-clause 2(c) were discharged and no longer bind Swaynes Jumps. Even if the covenant survived, the refusal of consent by Mr and Mrs Bates was not unreasonable as it was based on visual amenity, a protectable interest under the covenant.

Parties
Claimant: Wayne Margerison; Defendant: David Donald Bates; Defendant: Carole Margaret Bates
Jurisdiction
England and Wales
Judgment Date
30 May 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed; declaration granted that the restrictions in sub-clause 2(c) are discharged.
Legal Topics
Restrictive Covenants, Construction of Deeds, Discharge of Covenants, Land Law
Property Law Contract Law Restrictive Covenants Construction of Deeds Discharge of Covenants Land Law

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Parties

Wayne Margerison

Claimant

David Donald Bates

Defendant

Carole Margaret Bates

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether 'the Vendor' in sub-clause 2(c) of the 1966 Conveyance refers only to Mrs Horn or includes her successors in title
  2. 2 Effect of Mrs Horn's death on the restrictive covenant in sub-clause 2(c)
  3. 3 If the covenant survives, whether consent to the pitched roof was unreasonably withheld

Ratio Decidendi

On the true construction of the 1966 Conveyance, 'the Vendor' in sub-clause 2(c) refers only to Mrs Horn. Upon her death, the restrictions in sub-clause 2(c) were discharged and no longer bind Swaynes Jumps. Even if the covenant survived, the refusal of consent by Mr and Mrs Bates was not unreasonable as it was based on visual amenity, a protectable interest under the covenant.

Court Disposition

Claim allowed; declaration granted that the restrictions in sub-clause 2(c) are discharged.

Orders

  • Declaration that the restrictions in sub-clause 2(c) of the 1966 Conveyance are discharged and no longer bind Swaynes Jumps.