Child v Dynes - [1985] 2 NZLR 554

Property law — Restrictive covenants — Height restriction — Power to "modify" restrictive covenant — Rectification of memorandum of transfer — Interpretation of restrictive covenant — Restriction registered against title stipulated that "Transferees will not erect or permit or suffer any trees shrubs or hedges to grow" on their section above a certain height — Successors in title to servient tenement wished to build house above height restriction, and were opposed by successors in title to dominant tenement — Whether covenant could be modified — Whether transfer could be rectified — Whether permanent injunction should be granted — Property Law Act 1952, s 127(1)(c).