The tenants wanted to bail out of the original lease of 11 years. The tenant needed the landlords’ consent in order to assign the lease. The landlord wanted the lease to be for 21 years with a charge of £4,400 per year. Held: The Court of Appeal rejected the landlords’ proposals because they were “so…
Cases: Land Law
Goodman & Ors v Elwood [2013] Civ 1103
Ds bought some industrial land which enjoyed the benefit of a private right of way. However, there was a reciprocal obligation on the owner of the industrial land to contribute to the upkeep of the private road. Ds used the private road, but refused to pay any contribution to its upkeep. They contended that as…
Hallsall v Brizell [1957] Ch 169
It follows that any successor of the benefitted land will also be subject to the burden of the positive covenant. In Halsall v Brizell, the purchasers of individual plots of a building estate were given the benefit of using various roads on the estate on the condition that they would contribute on the upcoming of…
Birdlip v Hunter [2016] EWCA Civ 603
The issue in this case was whether the neighbouring householder could establish a building scheme that would entitle him to enforce restrictive covenants against the company to prevent them from building two additional houses. The conveyance of the property contained both positive and negative convenants including restriction on building. It also contained a power allowing…
Re: Dolphin’s Conveyance [1970] Ch 654
This case is more relaxed attitude towards building schemes. The judge argued that the restrictive covenants were to be mutually enforceable: the judge went on to hold that although: there had been no scheme of restrictive covenants for the whole area decided upon before sale commenced; and the selling of the estate had been spread…