Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.
Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of UK Essays.
If you would like to view samples of the work produced by our academic writers please click here.
Elliston v Reacher  2 Ch 374
Property law – Restrictive covenant – Building scheme
Part of an estate which had been purchased by a society was proposed to be sold in numbered lots as per a sales plan, with the terms of sale attached to the plan. A plan was annexed to the indenture that was being prepared in line with the creation of a trust and this was identical to the sales plan. However, the restrictive covenants would only be applicable to those who signed the document. One of the restrictive covenants was that no hotel, tavern, pub or manufacturing plant could be built on any of the lots and a house on the lot could not be significantly modified without the consent of the vendor. One of the purchasers of the plots of land leased their property and the lessee used the property as a hotel. The plaintiff sought to challenge the use of the property as a hotel in line with the restrictive covenant previous agreed.
The court was required to establish whether the plaintiff could restrict the building and use of a hotel on the property in question. In doing so, the court had to consider whether the covenant had passed in law with the land through the different owners of the property.
The court held that there was a general building scheme based on the current facts. On this basis, both parties could rely on the benefit of the covenant and therefore, the plaintiff could rely on an injunction to prevent the building and use of a hotel on the property.
Related ServicesView all
DMCA / Removal Request
If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.