Margerison v Bates & Anor [2008] EWHC 1211 (Ch) (30 May 2008)

On the true construction of the 1966 Conveyance, 'the endor' refers only to Mrs Horn. Upon her death, the restrictions in sub-clause 2(c) were discharged, and Mr Margerison is not subject to any absolute prohibition against making additions, enlargements, or alterations to the Bungalow.

Citation: [2008] EWHC 1211 (Ch)
Parties: Claimant: Wayne Margerison; Defendant: David Donald Bates; Defendant: Carole Margaret Bates
Jurisdiction: England and Wales
Judgment Date: 30 May 2008
Procedural Posture: Part 8 Claim Form / Final Judgment After Trial
Outcome: Claimant succeeds; restrictive covenant in sub-clause 2(c) discharged.
Legal Topics: Restrictive Covenants, Construction of Conveyance, Discharge of Covenants, Implied Terms

Property Law Contract Law Restrictive Covenants Construction of Conveyance Discharge of Covenants Implied Terms

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Parties

Wayne Margerison

Claimant

David Donald Bates

Defendant

Carole Margaret Bates

Defendant

Procedural Posture

Part 8 Claim Form / Final Judgment After Trial

Legal Issues

1 Whether 'the endor' in the 1966 Conveyance refers only to Mrs Horn or includes successors in title
2 Effect of Mrs Horn's death on the restrictive covenant in sub-clause 2(c)
3 Whether consent to the erection of a pitched roof was unreasonably withheld

Ratio Decidendi

Court Disposition

Claimant succeeds; restrictive covenant in sub-clause 2(c) discharged.

Orders

Declaration that the restrictions in sub-clause 2(c) of the 1966 Conveyance are discharged and do not bind Mr Margerison.
No absolute prohibition applies to additions, enlargements, or alterations to the Bungalow.