Lease of farm – Reserved rights – Construction – Injunctive relief – Non-derogation from grant – Covenant for quiet enjoyment

Windsor-Clive and Others v Rees and Another [2019] EWHC 1008 (Ch) (HHJ Keyser QC sitting as a judge of the High Court) (18 April 2019)

Although this case concerned a tenancy of a farm, the general principles concerning the reservation of rights and the interplay with the implied covenants of quiet enjoyment and non-derogation from grant apply across the board. The judge’s review of the authorities on this subject is of wider and general interest and assistance.