fbpx

Court Rejects Rerun Argument in Property Dispute

14th August 2017 By Arman Khosravi

Problems with covenants affecting land are common and sometimes a dispute can resurface years after it seems to have been settled. In a recent instance, a landowner was successful in reopening the battle over a covenant after persuading the court it was not simply a rerun of an old court case.

The property was subject to covenants dating from 1954, which included one binding on the purchaser ‘not to erect on the piece of land hereby conveyed any buildings whatsoever other than one private dwelling house with proper offices and outbuildings (including at the purchaser’s option a private garage)’.

A dwelling had been built on the land in question, but the current owners wanted to build another house on it. They sought a declaration that the covenant should be removed as it was personal and was not transmitted to later purchasers of the property.

An earlier (1978) application to lift the covenant had been made which had been argued all the way to the Court of Appeal. It concluded that the covenant – which was intended to restrict the building density – did benefit other nearby residents and was thus enforceable.

When the argument came back to court, those opposed to the removal of the covenant argued that the claim should be struck out as it was essentially relitigating the same issue. They contended that the case was an abuse of judicial process and that the legal doctrine of ‘estoppel’ should prevent the rehearing of the arguments.

However, the High Court did not agree that the new application was in effect a rerun of the old case, and thus it could not be dismissed without the specific facts being argued.

Source: Concious

Latest News

Award That Requires Borrowing Made Into Court Order

17th May, 2024 By

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in financial remedy proceedings can be made into court orders even if that would require one of the parties to borrow money. The couple had previously had a relationship lasting a few years before resuming their relationship in 2015. They had two children before separating again in 2019. Following their separation, the...

Inheritance Disputes – Costs Risks Can Be Reduced

15th May, 2024 By

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case illustrated. A man had left a farmhouse and agricultural land in Cornwall to his wife, with whom he had also jointly owned a neighbouring area of land. After his death, one of the couple's daughters and her husband claimed that he had told them he wanted them...

Share Rounding Error Does Not Prevent CGT Relief

13th May, 2024 By

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to Entrepreneurs' Relief on the disposal of his shares in a company, despite owning one share fewer than he needed to qualify for it. The investor had agreed to purchase 5 per cent of the shares in the company for £500,000. He wished to own...

Wife Entitled to Maintenance Until Sale of Family Home

10th May, 2024 By

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife that she should receive maintenance payments until the sale took place. The couple had married in 2006. Following a brief separation, they had reconciled for two years before finally separating in 2022. The husband and wife both contended that they should be entitled to about...