10 Mar 2017
SPLENDID RESOURCES INC AND ANOTHER v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS
- Citation
- SPLENDID RESOURCES INC AND ANOTHER v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS
- Court
- Court of First Instance
- Case number
- HCMP835/2012
On interpretation of the New Grant and GN 570 in context, Land A was sold subject to an agricultural use restriction; SC 1(b) (the cultivation covenant) is intended to operate for the duration of the term and binds successors (runs with the land); the concrete slabs and associated subterranean voids and installations are structures affixed to the land and therefore breach clause 6 of Schedule B (Land A) and the corresponding covenant in the Block Government Lease (Land B); declarations and removal orders were appropriate to give effect to the Government's enforcement rights.