Recent Analysis of the County Court on the Construction of Buildings, Use of Land and Prevention of Nuisance.
In a recent decision of the County Court in Williams v Johnson ( EW Misc B45(CC)), the claimant sought to enforce restrictive covenants against the defendant relating to the construction of buildings, the use of land, and the prevention of a nuisance. The Court held that the claimant was entitled to damages - and an injunction - in respect of some, but not all, of the claims made.
In 1987 the claimant’s parents purchased “Wells Farm”. In 1990 the parents sold the northern part of the farm (“Lychcroft”) to the first defendant. The 1990 conveyance contained three restrictive covenants which the claimant alleged the first defendant had breached.