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Morells of Oxford v Oxford UTD FC [2001]

Morrells of Oxford Ltd v Oxford United Football Club [2001]

Facts

  • Oxford United FC purchased land for their football club, along with a number of covenants
  • One of the covenants, for the benefit of adjoining land, prevented the building of licensed premises (to sell alcohol) on the club’s land

Issue

  • Could the neighbouring land, on which there was a public house, obtain an injunction to prevent the building of licensed premises by the club?

Decision

  • No

Reasoning

  • Although, under section 79 of the Law of Property Act 1925, a covenantor is deemed to covenant on behalf of himself and his successors, this is a word saving provision which will not apply where there is contrary intent
  • As all but this covenant expressed that it would bind successors too, s 79 would not operate; there was an implied contrary intention
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