He who hesitates...

Article Abstract:

The UK Court of Appeal heard a case concerning the right to an injunction. The plaintiff was awarded damages of 25,000 pounds sterling and the injunction was discharged. A piece of land had a restricted covenant restricting its use as a livery yard. The landowner failed to enforce the covenant when property on the land was extended. He only sought an injunction when the property was made into a riding school. The injunction took away the right of the riding school to operate but the judge would not have it demolished as the landowner had not obtained an injunction earlier.

Interpretation and construction, Injunctions

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Hospital given go-ahead

Article Abstract:

A case heard in the UK courts dealt with the issue of a private right of way and a restrictive covenant on land required for redevelopment. A hospital wished to redevelop a site which was subject to a covenant and a private right of way. The judge decided on the merits of the case the defendants could not have an injunction to stop the realignment of the right of way or compel the hospital to abide by the restrict covenant. The defendants, a housing trust, were awarded statutory compensation.

Right of way

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Intents and purposes

Article Abstract:

The United Kingdom's Court of Appeal has overturned a ruling which gave squatters rights to development land. The facts of this case are described and the verdict of the court based on intention to possess is explored.

Squatters

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