Rees & Anor v Peters [2011] EWCA Civ 836 (21 July 2011)

Rees & Anor v Peters [2011] EWCA Civ 836 (21 July 2011)

The benefit of the restrictive covenant in clause 6(ii) of the 1957 Conveyance remains annexed to Farne House and is enforceable by successors in title, including Mr and Mrs Rees, against Mr Peters. The Charges Register of Court Barn should be rectified to include the covenant, as Mr Peters had actual notice and it would be unjust not to correct the register.

Citation
[2011] EWCA Civ 836
Parties
Appellants: Rees & Anr; Respondent: Peters
Jurisdiction
England and Wales
Judgment Date
21 July 2011
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From High Court, Chancery Division
Outcome
Appeal allowed
Legal Topics
Restrictive Covenants, Rectification of Land Register, Annexation of Benefit, Construction of Conveyance
Property Law Land Registration Restrictive Covenants Rectification of Land Register Annexation of Benefit Construction of Conveyance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rees & Anr

Appellants

Peters

Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether the benefit of the restrictive covenant in clause 6(ii) of the 1957 Conveyance remained annexed to Farne House after its sale by the original purchasers in 1980
  2. 2 Whether the Charges Register of Court Barn should be rectified to include the covenant as an incumbrance

Ratio Decidendi

The benefit of the restrictive covenant in clause 6(ii) of the 1957 Conveyance remains annexed to Farne House and is enforceable by successors in title, including Mr and Mrs Rees, against Mr Peters. The Charges Register of Court Barn should be rectified to include the covenant, as Mr Peters had actual notice and it would be unjust not to correct the register.

Court Disposition

Appeal allowed

Orders

  • Declaration that the benefit of the restrictive covenant in clause 6(ii) of the 1957 Conveyance is annexed to Farne House and enforceable by Mr and Mrs Rees against Mr Peters.
  • Order for rectification of the Charges Register of Court Barn (Title WSX155728) to add reference to the covenant.