Restrictive Schemes: Birdlip Limited V Hunter

Summary

The Claimant was bound by restrictive covenants attached to lots of a building scheme. The claim was thus dismissed.

Facts

The parties own adjoining plots of land. These plots were originally sold by the same vendor as part of several plot sales over a century ago, subject to restrictive covenants providing against the construction of more than "one or two detached residences" on each plot. The Claimant's plot already had one house on it and the Claimant obtained planning permission to construct two more. 

The Claimant sought a declaration that it was not bound by the restrictive covenant.  

Issues

Whether the covenants were enforceable under a building scheme for the benefit of the other properties on the estate. In particular: