Covenants Not To Cause Nuisance Or Annoyance - What Do They Mean?

We are all familiar with the covenants in leases and on titles not to do anything which might be or become a nuisance or annoyance to others. Those in the real estate industry often see them as fairly innocuous and of limited impact. However, a recent court of appeal case which considered the scope of such covenants (Anthony Stephen Davis -v- Richard Dennis and Others [(2009)] EWCA Civ 1081) shows that anyone faced with having to comply with such covenants ignore them at their own risk.

Mr Davies was the owner of a residential plot on an estate built on an island in the middle of the River Thames. The plot was subject to a covenant "not to do or suffer to be done on the Plot ... anything of whatsoever nature which may be or become a nuisance or annoyance to owners or...