Q&As

Does a restrictive covenant prohibiting the use of a property as a hairdresser shop, prohibit its use as a barbershop?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 12/10/2018

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Does a restrictive covenant prohibiting the use of a property as a hairdresser shop, prohibit its use as a barbershop?

It is not always clear cut when it comes to interpreting the language and meaning of a restrictive covenant, and each case will turn on its own facts. However, save where the context suggests otherwise, the starting point for the construction of a covenant is the natural or ordinary meaning of the words used or their conventional usage.

The essential question of construction is the meaning that the wording of the covenant would convey to a reasonable person having all the background knowledge that would have been reasonably available to the parties when they were at the time of the contract.

This exercise is to be conducted based

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