WATCH: Property “Hot Topic” Webinar: Bath Rugby & anr v Greenwood & ors – restrictive covenants

Please watch our “Hot Topic” Webinar on restrictive covenants: Bath Rugby & anr v Greenwood & ors.

On 21 December 2021 the Court of Appeal handed down its judgment in Bath Rugby & anr v Greenwood & ors. The Court considered the enforceability of a pre-1925 Act restrictive covenant and, in doing so, clarified matters relating to the annexation of both pre- and post- 1925 Act covenants. It overturned the decision of the court below, concluding that for there to be annexation there must be a ‘sufficient indication’ of the land intended to be benefited by the covenant and that the words ‘adjoining land or the neighbourhood’ were neither sufficient nor could be construed as the court had done below.

The Court did not agree on all matters. There is some noteworthy disagreement about whether a condition of annexation for both pre- and post- 1925 Act covenants is that the land intended to be benefited by the covenant has to be ‘easily ascertainable’.

Martin Hutchings QC and Harriet Holmes, who acted for the successful second appellant freeholder and intervener, discussed the background to the case, the reasoning of the Court and consider the ‘takeaway points’ for practitioners (both contentious and non-contentious) including how the decision might affect those considering drafting restrictive covenants and advising on their legal meaning. The webinar is chaired by James McCreath.

If you have any questions please email seminars@wilberforce.co.uk