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Property litigation and ADR.

The editor of this section of the site is Harriet Holmes barrister of Tanfield Chambers (www.tanfieldchambers.co.uk)






Breach of Restrictive Covenants

Injunction or damages in lieu

Rogers v Humphrey
[2017] EWHC 3681 (QB)

Summary

Slade J held that the judge at first instance had not erred in his approach when deciding whether to grant an injunction to restrain a breach of covenant or damages in lieu.

Facts

The claimants purchased a rural house and surrounding land from the defendants in 2011 who retained significant land around the purchased property. As part of the transfer the defendants contracted to:
    “not erect or cause to be erected on the retained land any building or development without the consent of the transferee, save for the conversion and rebuilding of the cottage and a conversion of one of the barns to a second dwelling with the remaining farm buildings being removed and the land being returned to gardens and paddock surrounding the two houses.”

In (an apparently blatant) breach of the covenant, in 2012 the defendants erected a new agricultural barn on the retained land. The parties entered into negotiations in the effort to agree revised restricted covenants, but no agreement was forthcoming. Then in 2015, in further breach of covenant (to which the they admitted before trial), the defendants began to convert the new barn into 3 new residential dwellings. The claimants commenced injunction proceedings. As the breach was eventually admitted before trial, the sole issue for the Judge was whether to grant an injunction or damages in lieu. An injunction was gra ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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