Covenant not to derogate from grant

Citation

(1999), "Covenant not to derogate from grant", Property Management, Vol. 17 No. 1. https://doi.org/10.1108/pm.1999.11317aab.005

Covenant not to derogate from grant

Covenant not to derogate from grant

Yankwood Ltd v. Havering LBC [1998] EGC 5 75

This brief but interesting report concerns the complaint of one tenant, which operated an equestrian centre on 9.5 acres of land which it leased from the council, about a variety of other uses which the council had permitted on the 175 acres of land which the council also owned surrounding it: everything from brass-band practice to motor rallies, the obstruction of bridleways by football spectators and the exercising of loose horses by trespassers. Damages totalling £52,000 were awarded, though the court declined to grant an injunction, saying that the question of future breaches would be one of degree. Presumably, if there were to be flagrant breaches in the future due to the unwillingness or inability of the local authority landlord to exercise a proper degree of control over its other land, then in such an event an injunction might in the future be considered to be more appropriate.