RESTRICTIVE COVENANTS – discharge – house – restriction on use to private dwellinghouse or learned or artistic profession – whether restriction obsolete – Law of Property Act 1925, s84(1)(a). . .

LT RESTRICTIVE COVENANT – modification – discharge – restriction limiting development on plot to one dwellinghouse – application to amend to permit dormer bungalow in rear garden – no interference with objectors’ . .

LT RESTRICTIVE COVENANT – restriction to single dwellinghouse and against use causing nuisance, etc to owner of adjoining properties – extent of neighbourhood – whether covenant obsolete – application refused – . .

LT RESTRICTIVE COVENANT – restriction requiring paddock to remain undeveloped – application to discharge or modify this restriction so as to permit development with five houses – whether use of restriction as a . .

Appeal from order allowing modification of restrictive covenants. Judges: Robert Walker LJ Citations: [2001] EWCA Civ 380, [2002] 1 P and CR 4 Links: Bailii Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Land Updated: 23 June 2022; Ref: scu.218053

RESTRICTIVE COVENANTS – modification – covenants restricting development, use and density to three detached private dwellings – modification sought to permit 83-bed care home – application dismissed – grounds (aa) and (c), s.84(1), Law of Property Act 1925 Citations: [2019] UKUT 70 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 14 June 2022; Ref: … Continue reading Signature of St Albans (Property) Guernsey Ltd v Wragg and Others: UTLC 4 Mar 2019

A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile. Held: The covenant operated personally only. The covenants which might be implied by the section to bind successors in title also, could not be implied where the commercial … Continue reading Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others: CA 21 Jul 2000

RESTRICTIVE COVENANTS – modification – additional house – whether covenants secure practical benefits of substantial value or advantage – loss of open aspect – loss of light – overbearing development – diminished outlook – disturbance – reduction in open market value of objectors’ houses – s84(1)(aa) Law of property Act 1925 – application refused Citations: … Continue reading Fogg, Re The Cobbles: UTLC 17 Apr 2018

A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement. Citations: Gazette 07-May-1998, [1998] EWCA Civ 746 Statutes: Law of Property Act 1925 62 Jurisdiction: England and Wales Citing: See Also … Continue reading Hillman and Hillman v Rogers and Rogers: CA 30 Apr 1998

RESTRICTIVE COVENANT – discharge or modification – leasehold flat in block of 31 flats – covenants against subletting and restricting user to lessee and his family – application refused – Law of Property Act 1925 s 84(1)(aa) Citations: [2012] UKUT 125 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 28 May 2022; Ref: scu.462567

RESTRICTIVE COVENANT – discharge – modification – covenants restricting residential redevelopment of dwellings and outbuildings forming part of grounds of listed house – benefit personal to covenantee and his family – sale of majority of benefited land to third party – whether covenants obsolete in respect of retained land under ground (a) – grounds (aa) … Continue reading Coombes, Re: Brainshaugh House: UTLC 12 Jun 2012

UTLC RESTRICTIVE COVENANT – modification – dwellinghouse – proposal to extend well in front of building line – application refused – Law of Property Act 1925 s84(1)(a), (aa), (b) and c) Citations: [2012] UKUT 6 (LC) Links: Bailii Statutes: Law of Property Act 1925 8491)(a) Jurisdiction: England and Wales Land Updated: 26 May 2022; Ref: … Continue reading Coldman, Re 133 Richmond Road: UTLC 20 Feb 2012

RESTRICTIVE COVENANT – discharge – modification – proposed development of 10 flats to replace single house – whether covenants obsolete – changes to the character of the neighbourhood – whether similar covenants elsewhere on estate no longer enforceable – thin end of the wedge argument – reasonable user – whether public interest in the development … Continue reading King, Re 64 Buxton Road: UTLC 6 Feb 2012

RESTRICTIVE COVENANT – modification – leasehold interest – holiday chalet park – restriction in leases of chalets – use restricted to 10 months of year – chalet lessees seeking modification to permit 12-month use – lessors objecting – application refused – Law of Property Act 1925 s 84(1)(a), (aa) and (c) Citations: [2011] UKUT 346 … Continue reading Phillips and Others, Re: Holiday Chalets At Point Curlew: UTLC 5 Sep 2011

UTLC RESTRICTIVE COVENANT – modification – no objections – restriction prohibiting alterations etc without vendor’s approval of plans – whether obsolete – modification sought prohibiting alterations etc not in keeping with neighbourhood – held inappropriate to impose restriction that would present problems with implementation – application refused – Law of Property Act 1925 s 84(1) … Continue reading Flowers, Re 30 Burges Road: UTLC 2 Feb 2010

UTLC RESTRICTIVE COVENANT – entitlement to benefit – whether covenant annexed to land – whether land capable of being benefited – whether original covenantee entitled to be heard by virtue of contractual benefit only – admission as objectors refused Citations: [2009] UKUT 182 (LC), [2010] 4 EG 114 Links: Bailii Statutes: Law of Property Act … Continue reading Hutchinson, Re 1 Captains Gorse: UTLC 21 Sep 2009

UTLC RESTRICTIVE COVENANT – modification – unopposed application – restriction limiting plot to one dwellinghouse – modified so as to allow for the demolition of the existing property and its replacement with three detached houses and garages – grounds (a), (aa) and (c). Citations: [2009] UKUT 115 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Hayes, Re 197 Long Lane: UTLC 29 Jun 2009

Restrictive Covenant – Modification : Costs – – garden land with planning consent for additional residential dwelling – restriction preventing construction of more than one house per plot – building scheme – whether covenant secures practical benefits of substantial value or advantage – held it did not – exercise of discretion – application under ground … Continue reading Drummond and Another v Bastow and Others Re Cedar Lawn: UTLC 9 Mar 2018

UTLC Restrictive Covenant – Discharge – residential garage converted and used as a dog-grooming parlour – restrictions preventing business use and advertising – whether restrictions obsolete – whether any injury to beneficiaries – Tribunal’s discretion to order modification with conditions – s84, Law of Property Act 1925 Citations: [2018] UKUT 21 (LC) Links: Bailii Statutes: … Continue reading Holden, Re Ash Lodge: UTLC 19 Jan 2018

The parties were neighbours, with houses adjacent to a right of way. Slabs had been laid next to the houses forming a raised pavement. The respondents had sought to enclose their area of this raised pavement, building a porch. They now appealed an order requiring to remove what had already been built. Held: The pavement … Continue reading Minor v Groves: CA 20 Nov 1997

Two brothers had acquired land as joint tenants with the aid of a mortgage. Distinct orders were made against each of them charging their respective interests in the land. The mortgagee assigned the mortgage. The brothers held under a trust for sale. The judgment creditor sought to redeem the mortgage which was opposed by the … Continue reading Irani Finance Ltd v Singh: CA 1970

The plaintiff sought rectification of its lease. Held: The court ordered rectfication applying section 63(1): ‘I need not read any further. But [Counsel] submits, I think rightly so, that under that provision the transfer, which was a transfer of the freehold reversion, subject, of course, to the lease, from the original landlords to the present … Continue reading Boots the Chemist Ltd v Street: 1983

The fact that a way is not itself made up or identifiable on the ground may not be fatal to the establishment of an easement under Wheeldon v. Burrows or section 62 of the 1925 Act, if the ends of the way are apparent and it is clear that it was the intention of the … Continue reading Hansford v Jago: 1921

A mortgagee may under common law go into possession before the ink is dry on the mortgage unless there is something in the contract, express or by implication, whereby he has contracted himself out of that right. He has the right because he has a legal term of years in the property or its statutory … Continue reading Four-Maids Ltd v Dudley Marshall (Properties) Ltd: 1957

Rights of a first lender to grant tenancies must be respected, and override the rights of a second mortgagee to possession. A mortgagee in possession has full power to grant a tenancy. A mortgagee is not limited by the section. Citations: Times 27-May-1999 Statutes: Law of Property Act 1925 99 Jurisdiction: England and Wales Land … Continue reading Berkshire Capital Funding Ltd v Street et Al: CA 27 May 1999

A husband held the matrimonial home on trust for sale for himself and his wife in equal shares. The couple lived in the house. The husband and another man were in business with through a limited company, and guaranteed the its debts to the plaintiff, who obtained a default judgment against the husband under the … Continue reading Lloyds Bank plc v Byrne and Byrne: 1993

The court considered an assertion that a right of necessity was implied into a deed. Held: ‘In the present case the land conveyed was plainly intended to be used for building purposes, and of course it plainly needed access for building materials and for the occupants of the houses when constructed: yet there was the … Continue reading Nickerson v Barraclough (1): ChD 1980

The court held that under a mortgage by deposit under seal, a true equitable mortgage – that the expression ‘the mortgaged property’ in section 101 meant the property over which the mortgage deed purported to extend and was not limited to an equitable interest in that property. Judges: Wilberforce J Citations: [1964] Ch 483 Statutes: … Continue reading in Re White Rose Cottage: ChD 1964

The plaintiff sought to enforce a restrictive covenant against using a property ‘otherwise than as a private dwelling-house’. 30 years later the Defendant purchased the property and immediately started taking paying guests. The defendant had suggested that the covenants may be modified by the Lands Tribunal, but he made no application. Held: The area was … Continue reading Chatsworth Estates Company v Fewell: 1931