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Smith Bros Farms v Canwell Estate Co

Citation[2012] EWCA Civ 237; [2012] 2 All ER 1159

A rentcharge created in 1990 and registered to secure the payment of charges for services provided by an estate management company was enforceable as ‘an estate rentcharge’ under s2(4)(b) of the Rentcharges Act 1977 even if the appellant freeholder did not benefit from all of the services provided since it was sufficient that the repondent’s covenant benefited that and other land. The validity of a rentcharge does not depend upon the reasonableness of the amount calculated from time to time for the service charge.

John de Waal acted for the Claimant (the Respondent in the Court of Appeal).