Mahon v Sims
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 2005 |
| Date | 08 June 2005 |
| Court | Queen's Bench Division |
QUEEN'S BENCH DIVISION
Before Mr Justice Hart
Land - restrictive covenant - 'transferors' includes successors in title - implied term that consent should not be unreasonably withheld
Where a transfer of land contained a restrictive covenant whereby the transferees covenanted with the transferors not to erect any building on the land other than a greenhouse, shed or garage, in accordance with plans approved by the transferors, the meaning of "the transferors" included their successors in title.
Moreover, a term should be implied into the covenant that any approval of plans should not be unreasonably withheld.
Mr Justice Hart, sitting as a judge of the Queen's Bench Division in the Birmingham District Registry, so held in allowing in part the appeal of the defendants, Robert Fraser Sims and Joan Margaret Sims, against the order of Judge Kirkham following the trial of preliminary issues in an action between owners of neighbouring houses, brought by the claimants, Christopher Leslie Mahon and Rosemary Jacklyn Pietrzykowski, to enforce the terms of a restrictive covenant made between the claimants' predecessors in title (Mr and Mrs Houghton) and the defendants' predecessors in title (Mr and Mrs Martin) to a piece of garden land.
The transfer of the garden contained a restrictive covenant by which the transferees (Mr and Mrs Houghton) covenanted with the transferors (Mr and Mrs Martin) to...
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Churchill v Temple
...it was clear from the covenant that the draftsman referred to the vendor's heirs when that was what was intended. 20 In Mahon v. Sims [2005] 3 E.G.L.R. 67, Hart J. had to consider the following covenant:— "The Transferees hereby jointly and severally covenant with the Transferors to the int......
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Margerison v Bates
...title” wherever he thought it appropriate. 41 Mr Newsom draws my attention, in support of his submissions, to the decision of Hart J in Mahon –v- Sims [2005] 3 EGLR 67. This was an appeal from Her Honour Judge Kirkham sitting in the Birmingham County Court. But Mahon had a fundamental diffe......
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Dennis and Others v Davies
...the other occupiers of the estate. In support of the first of those assertions, Mr Weekes invoked the decision of Hart J in Mahon and another v. Sims and another [2005] 3 EGLR 67. In support of the second, he referred to Land Covenants, Scammell, 1996, page 239, where the author suggested t......
- City Inn (Jersey) Ltd v Ten Trinity Square Ltd
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Table of Cases
...v Childers (1889) 43 Ch D 265, ChD 258 Macpherson v Scottish Rights of Way and Recreation Society (1888) 13 App Cas 744 150 Mahon v Sims [2005] 3 EGLR 67, [2005] 39 EG 138, QBD 277 Maidstone Borough Council v Mortimer [1980] 3 All ER 552, [1981] JPL 112, (1982) 43 P & CR 67, DC 530 Mail......
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Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land
...a chance ‘it will require very strong circumstances where, if the chance having been taken and lost, an injunction will be withheld’. 12 [2005] 39 EG 138. 278 Restrictions on the Use of Land Ltd v Ten Trinity Square Ltd , 13 the court found that a covenant by the transferee of land not to d......