The Law Reports (Chancery Division)
[1966] Ch 56
[CHANCERY DIVISION]
In re
GADD'S LAND TRANSFER
CORNMILL DEVELOPMENTS LTD. v. BRIDLE LANE (ESTATES) LTD. AND OTHERS
[1964 G. No. 441.]
1965 May 3,
4,
5
BUCKLEY J.
Restrictive Covenant
— Enforceability
— Owner of site of right of way, by
— Covenants restricting building on and user of land having right of way over road
— Benefit of covenant assigned to owner of road
— Contemplated breach increasing traffic over road
— Whether sufficient benefit to entitle owner of road to enforce covenants.
Restrictive Covenant
— Enforceability
— Jurisdiction to determine
— Declaration under Law of Property Act, 1925, s. 84
— Original covenantor still owner of burdened land
— Application by intending purchaser from original covenantor for declaration that covenant not enforceable
— Whether a future question
—
Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), s. 84 (2)
—
R.S.C., Ord. 5, r. 4.
Practice
— Originating summons
— Future question
— Whether restrictive covenants would be enforceable against intending purchaser of land if contract of sale completed
— Jurisdiction of court to determine
—
R.S.C., Ord. 5, r. 4.