ABSTRACT
In Wrotham Park Estates Ltd v Parkside Homes Ltd,68 a positive answer was given, on partly restitutionary reasoning. The defendant, a speculative builder, put up a number of new houses in defiance of a long standing restrictive covenant entered into by a predecessor in title in favour of the plaintiff. The plaintiff sought an injunction requiring their demolition, but failed. Instead, it was awarded damages on the basis of the savings made by the defendant through not seeking release of the covenant before beginning work, set faute de mieux at 5% of the defendant’s profits, being the amount that might reasonably have been asked for such a release if requested.
