October 2016

Judgment of the High Court, Chancery Division in law reports at [2017] 1 Property, Planning & Compensation Reports 6

Clients: 

I represented Stein Management, the owners of land with the benefit of a restrictive covenant over adjoining land, granted by former owners of that land and registered at HM Land Registry.

The case concerned the enforceability of that restrictive covenant. The adjoining landowners (a consortium of developers) claimed this covenant was only to secure overage payments, and therefore did not bind them as successors in title.

My clients succeeded in upholding the continuing validity of the covenant, on the grounds that it did ‘touch and concern’, and therefore ‘benefit’ or ‘accommodate’, their land.

This judgment (of Mr Justice Norris) has attracted some interest, in particular amongst law firms involved with land development. 

The case has been featured in publications by the following firms:

• Ashurst [2016]
• Osborne Clarke [2017]
• Browne Jacobson [2017]

Additional articles in professional publications include:

3 articles in the Estates Gazette: (2016) 1646 EG 80; (2017) 1702 EG 67; (2018) 1804 EG 67