Adrian Peter James Ball & Anor v Ann Fulton
Decision date: 24 April 2025
Neutral citation: [2025] UKUT 135 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned a covenant in a 1962 conveyance requiring the Vendor's approval of plans, materials and specification for a dwelling at 23a Park Avenue South. The Tribunal held the wording (approval by "the Vendor" with no reference to successors) showed the covenant was personal to the original Vendor, Mr Warfield, and was therefore obsolete after his death. The Tribunal discharged that approval covenant under s.84(1)(a) LPA 1925 and preserved a right of appeal on a point of law.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
A covenant requiring approval by a named individual described only as "the Vendor" and containing no express provision for successors in title may be construed as personal to that individual; where the instrument omits any provision for successors or for approval of future alterations, that omission supports construing the approval power as limited and personal, allowing discharge as obsolete under s.84(1)(a) LPA 1925.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The Tribunal indicated that the detailed content of an approval covenant (plans, materials, specification) and the presence of other enduring absolute restrictions in the same deed are factors that can inform construction but do not alone convert a personal covenant into one benefiting successors; conversely, express reference to successors in the instrument is a strong indicator that an approval power was intended to run with the land.