Q&As

A property is subject to a restrictive covenant ‘not to use the land for the purpose of open storage of any kind’. Would the parking of vehicles on the land as part of a car-valeting business constitute a breach of this covenant? Is there any case law on the interpretation of ‘open storage’?

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Produced in partnership with Kristina Lukacova of New Square Chambers
Published on LexisPSL on 28/02/2018

The following Property Q&A Produced in partnership with Kristina Lukacova of New Square Chambers provides comprehensive and up to date legal information covering:

  • A property is subject to a restrictive covenant ‘not to use the land for the purpose of open storage of any kind’. Would the parking of vehicles on the land as part of a car-valeting business constitute a breach of this covenant? Is there any case law on the interpretation of ‘open storage’?

We have been unable to find any case law on the interpretation of ‘open storage’. Without further information, it is not immediately obvious whether parking of vehicles on the land as part of a car-valeting business is a breach of the covenant.

Applying ordinary principles of construction, the words must be given their natural and ordinary meaning in the context of the agreement, the parties’ relationship and all the relevant facts surrounding the transaction so far as known to the parties.

As to storage, Lord MacNaghten stated in Thompson v Equity Fire Insurance Co at paragraph 596, HL:

'What is the meaning of the words ‘stored or kept’ in collocati

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