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The restriction
The restriction
A conveyance of Plot 29, Mellanvrane Lane Estate dated 2 March 1973 (“the 1973 conveyance”) between A.J.L. Limited (“the Vendor”), Barclays Bank Limited (“the Bank”) and Norman Frederick Welch and Hazel Yvonne Welch (“the Purchasers”) contained (as far as is relevant) the following recital 4) and clauses 3 and 4:
“WHEREAS:-
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The whole of the land edged green on the plan attached hereto forms or formerly formed part of the Vendor’s Mellanvrane Lane Estate (hereinafter called ‘the Estate’) and has been laid out by the Vendor before the sale of any part thereof in building plots as shown on the said plan And it was intended that each plot should be sold subject to restrictive covenants which would enure for the benefit of all the plots comprised in the Estate and the Purchasers have accordingly agreed to enter into the covenants on their part hereinafter contained…
NOW THIS DEED WITNESSETH as follows:-
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For the benefit of the owners or occupiers for the time being of the said land edged green on the said plan or any part thereof the Purchasers hereby jointly and severally covenant with the Vendor that they the Purchasers and the persons deriving title under them will at all times hereafter duly observe and perform all and singular the restrictions and stipulations mentioned in the First Schedule hereto…
The Vendor reserves unto itself so long as it remains owner of any part of the Estate the right to release or vary any of the said restrictions or stipulations or to sell any part of the Estate for the time being unsold subject to different restrictions provided that this right shall not be exercised so as to destroy the general character of the Estate as a high-class residential area.”
The First Schedule to the 1973 conveyance stated:
No building shall be erected on the land hereby conveyed except the private dwellinghouse and premises now in the course of erection thereon.
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The previous consent in writing of the Vendor shall be obtained to all plans specifications and elevations of any additional building or alteration to the existing buildings and no addition or alteration thereto shall be made at any time unless the proposed addition alteration or deviation shall have been first Approved in writing by the Vendor whose fee of three pounds fifty pence for such consent and approval shall be paid by the Purchasers or persons making the application.”