Restrictive Covenants and Vendor's Consent


Restrictive covenants in favour of and in the name of a previous owner (the ‘Vendor’, now deceased) of land were held by the High Court in Churchill v Temple [2010] All ER (D) 170 (Dec) not to be enforceable by the current owners of the land. The death of the Vendor meant that the covenant could not be enforced by a subsequent owner.

In this case, Churchill purchased property which was subject to restrictive covenants in favour of the Vendor contained in a 1967 conveyance of the property to Churchill’s predecessor in title. The covenants included an obligation to obtain the consent of the Vendor to the construction of a dwelling or any structural alteration or addition.

The Vendor subsequently sold its property, which was later acquired by Temple. The Vendor is now deceased. Churchill wished to demolish the house currently on his property and replace it and so sought directions from the Court as to the validity of the restrictive covenants.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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