How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

What was the outcome to Dennis-v-Davies (2009) EWCA Civ 18

Customer Question

What was the outcome to Dennis-v-Davies (2009) EWCA Civ 1801
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

What are you wishing to achieve?
Customer: replied 3 years ago.


Whether a static structure could be annoying e.g. a balcony - and adversely affect enjoyment of land even though f rom balcony garden cannot be seen.

Expert:  Alice H replied 3 years ago.
OK. I've located the case. I set out the summary below:

Summary: A covenant not to do anything which might be or become a nuisance or annoyance to other owners or occupiers of a residential estate was wide enough to cover the building of an extension to an existing house which, when built, would be such an annoyance.

Abstract: The appellant (D) appealed against a decision (Dennis v Davies [2008] EWHC 2961 (Ch), [2008] 49 E.G. 76 (C.S.)) that a restrictive covenant to which he was subject applied to building works that he proposed to carry out. The respondents (N) were neighbours of D's on a residential estate next to the River Thames. The transfer to which N was subject contained a covenant (the paragraph 1 covenant) "not to erect on the Plot ... any building ... except such as shall be in accordance with plans and elevations which shall have been approved in writing by the Management Company". It also contained a covenant (the paragraph 2 covenant) "not to use the Dwellinghouse for any purpose other than that of a private residence ... and not to carry on ... any trade business or manufacture whatsoever nor to do or suffer to be done on the Plot ... anything of whatsoever nature which may be or become a nuisance or annoyance to the owners or occupiers for the time being of the Estate or the neighbourhood". D obtained planning permission to build a three-storey extension to his house. N objected to the extension, asserting, among other things, that it would impede their views of the river. The judge held that the paragraph 2 covenant extended to restraining the erection of buildings "which may be or become a nuisance or annoyance" to covenantees. D argued that if paragraph 2 was construed, as it should be, in a context that included paragraph 1, it could sensibly only be regarded as concerned with the covenantor's activities on his plot, not including activities in the nature of the erection of annoying buildings.

Appeal dismissed. Paragraph 2 contained covenants in a form whose essence had long been familiar to conveyancers. The ordinary and natural construction of the purchaser's covenant "[not] to do or suffer to be done on the Plot ... anything of whatsoever nature which may be or become a nuisance or annoyance" was clearly wide enough to be capable of extending to activities of all natures, including building an extension to an existing house which, when built, would be such an "annoyance", Wood v Cooper [1894] 3 Ch. 671 applied. Paragraph 1 did not cut down the apparently unambiguous scope of paragraph 2, and there was no good reason why the two paragraphs could not operate alongside each other.

Judge: Ward, L.J.; Wilson, L.J.; Rimer, L.J
Expert:  Alice H replied 3 years ago.
Do you require any further assistance? If not please remember to rate my answer. Happy to discuss follow up questions for free. Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice