Tuesday 5th October 2021
The claimant appeals the order of HHJ Paul Matthews, sitting as a Deputy High Court Judge, dated 29 October 2020, whereby he dismissed the claim, declared that the restrictive covenant contained in the conveyance is enforceable by the 7th and 8th Defendants, among others, and made a consequential costs order.
The issue in the appeal relates to whether land benefited by a restrictive covenant be readily ascertainable and identifiable for it to be enforceable. The Applicant seeks a declaration pursuant to s.84(2) of the Law of Property Act 1925 that a restrictive covenant contained in a conveyance of the Recreation Ground, Bath dated 6 April 1922 is unenforceable and not binding on the Applicant.
Lower Court Judgment: