17 Jun 2022
Avlis Ltd [2022] NZHC 1440
- Citation
- [2022] NZHC 1440
- Court
- High Court
The court found that since creation of the covenants the character and use of the benefited and burdened land changed materially (rural to dense residential subdivision) so that continuation of the covenants would impede reasonable use; no substantial injury to persons entitled was shown and the court exercised its discretion under s317 to insert clauses allowing the covenants to cease to apply to land in Lot 400 DP 550232 intended to vest as road upon approval and deposit of the survey plan.