Aidan Gregory McDonagh & Anor. v Karen Reeve

Aidan Gregory McDonagh & Anor. v Karen Reeve

The 1958 covenant, properly construed, prohibits only the erection of buildings additional to the existing Rose Cottage, not the replacement or enlargement of the existing building. There is no estoppel arising from the 1988 deed or subsequent conduct to prevent the claimants from asserting this construction.

Parties
Claimant: Aidan Gregory McDonagh; Claimant: Tamara Susan Juliet McDonagh; Defendant: Karen Reeve
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (property/chancery) / Judgment After Part 8 Claim Hearing
Outcome
Declaration granted in favour of claimants
Legal Topics
Restrictive Covenants, Land Law, Interpretation of Deeds, Estoppel
Property Law Equity Restrictive Covenants Land Law Interpretation of Deeds Estoppel

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Parties

Aidan Gregory McDonagh

Claimant

Tamara Susan Juliet McDonagh

Claimant

Karen Reeve

Defendant

Procedural Posture

Civil (property/chancery) / Judgment After Part 8 Claim Hearing

Legal Issues

  1. 1 Whether the 1958 restrictive covenant prohibits the claimants from demolishing and replacing Rose Cottage with a larger building
  2. 2 Whether the 1988 deed and subsequent conduct estop the claimants from asserting a construction of the 1958 covenant inconsistent with that adopted in 1988

Ratio Decidendi

The 1958 covenant, properly construed, prohibits only the erection of buildings additional to the existing Rose Cottage, not the replacement or enlargement of the existing building. There is no estoppel arising from the 1988 deed or subsequent conduct to prevent the claimants from asserting this construction.

Court Disposition

Declaration granted in favour of claimants

Orders

  • Claimants are entitled to a declaration that the 1958 covenant does not prevent them from replacing Rose Cottage with the building for which planning permission has been obtained.