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Williams v Johnson  EW Misc B45 (CC)
The claimant sought to enforce restrictive covenants in an original conveyance against the defendant relating to the construction of buildings, the use of land and prevention of nuisance. The County Court determined that the claimant was entitled to damages and injunctions in some but not all of its claims.
The claimant and first defendant were neighbours. In 1990, part of the land known as "Wells Farm" was sold by the parents of the claimant to the defendant (this land referred to as "Lychcroft").
Clause 2(i) of the conveyance provided that "no building shall be erected upon [Lychcroft]...without the previous consent in writing of the vendors." The claimant alleged that in 1999 the defendant had erected a shed on Lychcroft, which was later followed by the erection of a further poultry shed in 2005, both in breach of clause 2(i).
Clause 2(ii) of the conveyance provided that "no trade or business shall be carried upon [Lychcroft] or any part thereof nor shall the same be used otherwise than as a private dwellinghouse." The defendant had used Lychcroft as a farm and had even filed accounts in respect of such. The claimant argued that this was in breach of clause 2(ii).
Clause 2(iii) of the conveyance provided "not to do or keep or suffer to be done or kept on [Lychcroft] or any part thereof any act or thing which may become a nuisance annoyance or cause inconvenience to the vendors their successors in title owners and occupiers for the time being of [Wells Farm]..." The claimant claimed this covenant had been breached in three ways:
This article was written by Emma Humphreys.
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