Kent Solicitors

If you have the benefit of a restrictive covenant not to build, then a developer who breaches this will be liable in damages

Historically, damages reflect the amount that the judge thinks the parties would arrive at: arguing their corner, but being reasonable

This will probably involve looking at the amount of profit likely to be made by the developer. After all, that will point to the amount that he might have been willing to pay.

There has been recent case law in this area which throws the above into doubt

Labels: Restrictive Covenant Damages