Jarvis Homes Ltd v Marshall & Anor

Jarvis Homes Ltd v Marshall & Anor

The construction and use of a roadway on part of No 28 for access to a new housing development would breach clause 2(b) of the 1964 conveyance, as it would result in the land not being used solely as a private residence. The erection of lamp-posts on No 28 would also breach clause 2(a), as they do not fall within the permitted structures.

Parties
Respondent: Jarvis Homes Limited; Appellant: Richard Marshall; Appellant: Brenda Marshall
Jurisdiction
England and Wales
Judgment Date
06 July 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Restrictive Covenants, Interpretation of Conveyance, Use of Land, Easements
Property Law Land Law Restrictive Covenants Interpretation of Conveyance Use of Land Easements

Case Brief

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Parties

Jarvis Homes Limited

Respondent

Richard Marshall

Appellant

Brenda Marshall

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the construction and/or use of a roadway on part of No 28 Ox Lane for access to a new housing development breaches restrictive covenants in a 1964 conveyance.
  2. 2 Whether the erection of lamp-posts on the proposed roadway breaches the restrictive covenants.

Ratio Decidendi

The construction and use of a roadway on part of No 28 for access to a new housing development would breach clause 2(b) of the 1964 conveyance, as it would result in the land not being used solely as a private residence. The erection of lamp-posts on No 28 would also breach clause 2(a), as they do not fall within the permitted structures.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.