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ARTICLE · 05 SEPTEMBER 2017

Completed Development Allowed Even Though In Breach Of Restrictive Covenant

Bircham Dyson Bell LLP
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A recent decision on restrictive covenants surprisingly saw the court award in favour of a developer who had already built a social housing development in breach of a restrictive covenant

United KingdomReal Estate and Construction
Jennifer Chappell
Jennifer Chappell

This blog was written by Kate Taylor (Paralegal)

A recent decision on restrictive covenants surprisingly saw the court award in favour of a developer who had already built a social housing development in breach of a restrictive covenant.

FACTS

A developer, Millgate, built 23 properties for the purpose of social housing on land near Maidenhead. 13 of these properties stood on land which Millgate knew was burdened by a restrictive covenant.

The covenant prevented building on the land and use of the land for anything other than a car park. The land benefitting from the covenant lay adjacent to the development and had been donated to the Alexander Devine Children's Cancer Trust for use as a children's hospice.

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