Rees & Anor v Peters

Rees & Anor v Peters

On the proper construction of clause 6(ii) of the 1957 Conveyance, the benefit of the restrictive covenant remains annexed to Farne House and is enforceable by successors in title, including Mr and Mrs Rees. The omission of the covenant from the Charges Register of Court Barn was a mistake, and rectification is just and appropriate as Mr Peters had actual notice of the covenant.

Parties
Appellants: Rees & Anr; Respondent: Peters
Jurisdiction
England and Wales
Judgment Date
21 July 2011
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Restrictive Covenants, Rectification of Land Register, Construction of Conveyance, Successors in Title
Land Law Property Law Restrictive Covenants Rectification of Land Register Construction of Conveyance Successors in Title

Case Brief

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Parties

Rees & Anr

Appellants

Peters

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

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
  2. 2 Whether the Charges Register of the registered title to Court Barn should be rectified to include the covenant

Ratio Decidendi

On the proper construction of clause 6(ii) of the 1957 Conveyance, the benefit of the restrictive covenant remains annexed to Farne House and is enforceable by successors in title, including Mr and Mrs Rees. The omission of the covenant from the Charges Register of Court Barn was a mistake, and rectification is just and appropriate as Mr Peters had actual notice of the covenant.

Court Disposition

Appeal allowed

Orders

  • 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.
  • The Charges Register of Title WSX155728 (Court Barn) shall be rectified to add reference to the covenant.