Bella Bothram Sold Webber Mansions (Part of the Webber Estate

question 2

Multiple Choice

Bella Bothram sold Webber Mansions (part of the Webber Estate, the rest of which she retained) in 2013 to Lloyd Mackintosh, an eccentric impresario. The sale contained a restrictive covenant not to build on any part of the grounds of Webber Mansions. Bella has now discovered that Lloyd is planning to build a museum to his achievements, and that building work recently commenced. Bella is seeking a perpetual injunction. Which of the following statements provides the best advice for Bella?

• A)Bella may well get the injunction, as she has a right capable of being infringed which is being infringed by the building work, damages would not be an inadequate remedy, and she has come with clean hands.
• B)Bella may not get an injunction, as even though she has made out most of the requirements of claim, she is seeking a mandatory injunction to have the building removed.
• C)Bella may not get an injunction, as even though she has made out most of the requirements of claim, she has unreasonably delayed in bringing action by allowing the building work to commence.
• D)Bella may get an injunction, but is more likely to get damages in lieu of an injunction as the loss is a small injury to Bella, capable of being compensated by a small monetary payment and it would be oppressive to make Lloyd pull down the building he has paid to put up.