[2023] UKUT 00185 (LC)

Restrictions were first contained in the Third Schedule to a Transfer dated 16 October 1986 (“the 1986 transfer”) between Wolverlight Limited (transferor) and Wolverlight Developments Limited and Seaward Homes Limited (Transferee). That schedule provides as follows:

“Transferee’s Covenants

…

2.

Not to increase the external dimensions of any approved building erected on the property.

…

Similar restrictions are contained in the Third Schedule to a transfer dated 6 January 1989 (“the 1989 transfer”) between Seward Homes Limited and Wolverlight Developments Limited (Vendor) and Jacquiline Anne Hall (Purchaser). They are stated to be “for the benefit and protection of all other premises now or formerly vested in the Vendor and comprised in the Development…”. The schedule provides:

“(a)(i) Not without the previous written consent of the Vendor to alter the external plan or elevation of any building standing upon the Transferred Property nor without the like permission to erect any building thereon save those erected or in the course of erection at the date hereof

…

(b)

Not to use the Transferred Property at any time for any purposes other than that of a single private dwellinghouse and so that no trade business or manufacture whatsoever shall be carried on

…”