Property Disputes – Restrictive Covenants
Sector
Private owner of high-end residential accommodation.
How we helped
We gave advice regarding the enforceability of restrictive covenants to prevent the development of a neighbouring property for use as a faith school.
The client is located out of the area but contacted Jon Wilby because we were the solicitors for the successful developer/owner in the Court of Appeal case of Trustees of Coventry School Foundation v Whitehouse [2013] [EWCA Civ 885] which concerned the enforceability of an almost identical covenant in the context of change of use to a school. The client wanted an opinion from the same Counsel that advised in the previous case and obtained our details from the case report.
The claim is important to the client because of the value of his residence and the potential impact of the change of use of the adjoining property to a school.
Value
No direct value but property value in excess of £2m.