REAL PROPERTY [432], [435], [436] - Restrictive covenants - Interpretation - General principles - Covenant that no building be erected "more than two storeys in height" - Meaning - Whether uncertain for ambiguity - Rule to be applied to resolve ambiguity - Proceedings to extinguish, modify or discharge restriction - Restriction obsolete - Meaning of obsolete - No substantial injury to person entitled - Meaning of substantial injury
Acts Cited:
Conveyancing Act 1919 s 89(1) and (2)
Real Property Act 1900 s 36(11)
Case Details
Citation[2005] NSWSC 962
CourtNSWSC
JurisdictionNew South Wales
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