Turner & Anor v Pryce & Ors [2008] EWHC B1 (Ch) (09 January 2008)

Turner & Anor v Pryce & Ors [2008] EWHC B1 (Ch) (09 January 2008)

The properties are subject to a building scheme with restrictive covenants limiting development to one dwelling house or a pair of semi-detached houses per plot. The proposed construction of three additional houses would breach these covenants. The covenants remain enforceable as the character of the estate remains predominantly residential and there has not been such a change or acquiescence as to render them obsolete or unenforceable. Injunctive relief is appropriate as no exceptional circumstances justify damages in lieu.

Citation
[2008] EWHC B1 (Ch)
Parties
Claimant: Mr. and Mrs. Turner; Defendant: Mr. and Mrs. Scott; Defendant: Mr. and Mrs. Pryce
Jurisdiction
England and Wales
Judgment Date
09 January 2008
Procedural Posture
Civil / Trial Judgment
Outcome
permanent injunction granted
Legal Topics
Restrictive Covenants, Building Schemes, Injunctive Relief, Land Registration, Modification of Covenants
Property Law Equity Restrictive Covenants Building Schemes Injunctive Relief Land Registration Modification of Covenants

Case Brief

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Parties

Mr. and Mrs. Turner

Claimant

Mr. and Mrs. Scott

Defendant

Mr. and Mrs. Pryce

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether a building scheme with restrictive covenants exists and binds the defendants' properties
  2. 2 Whether the proposed development breaches the covenants
  3. 3 Whether the covenants have become unenforceable due to change of neighbourhood character or acquiescence

Ratio Decidendi

The properties are subject to a building scheme with restrictive covenants limiting development to one dwelling house or a pair of semi-detached houses per plot. The proposed construction of three additional houses would breach these covenants. The covenants remain enforceable as the character of the estate remains predominantly residential and there has not been such a change or acquiescence as to render them obsolete or unenforceable. Injunctive relief is appropriate as no exceptional circumstances justify damages in lieu.

Court Disposition

permanent injunction granted

Orders

  • The Scotts and the Pryces are restrained from carrying out the proposed development in breach of the restrictive covenants.