[2025] UKUT 00339 (LC)

The covenant was contained in a Transfer of Part dated 28 May 1999 made between (1) the applicant, and (2) Trevor Brian Hogger, Roy Carter and Mary Russen who were together trading as Hogger Homes. The applicant sold back land for residential development of three detached houses, then with planning permission. Mr Baker, as vendor, agreed that the retained land would be burdened by the following covenant:

“Not to use the Retained Land for any purpose other than as a single private dwellinghouse with garden and garage and in particular not to use the same for the purpose of any trade or business”

At the hearing, in response to a question from the Tribunal, Mr Baker could not recall why he had agreed to be bound by the covenant.