August 31, 2025
Radford v De Froberville (Lange Third Party) 28 Mar 1977 [1977] 1 WLR 1262, Ch D
A purchaser covenanted to build a wall on her land adjoining the vendor's but failed to do so. The court held that the correct measure of damages was the cost of building the wall, not the lesser amount by which the vendor's property value was diminished. Facts The plaintiff sold a plot of land, part of his larger property, to the first defendant. A term of the sale, included as a positive covenant in the conveyance, required the defendant to build a brick wall of a specified type on the boundary between the plot sold and the plaintiff’s retained land.
