LT Section 84(1) of the Law of Property Act 1925 – Jurisdiction – whether covenant negative or positive – Alterations covenant within Section Citations: [2004] EWLands LP – 34 – 2002 Links: Bailii Statutes: Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 21 August 2022; Ref: scu.225785
RESTRICTIVE COVENANT – restriction to two detached bungalows not exceeding one storey in height – application to modify the restriction so as to permit the retention and completion of a partly constructed first floor extension on the sole property occupying the site – whether practical benefits of substantial value or advantage secured by the restriction … Continue reading Coles and Another, Re Law of Property Act 1925: LT 4 Oct 2004
LT RESTRICTIVE COVENANT – restriction requiring construction to conform to building line – application to amend this limitation to permit erection of one house in garden at rear of existing house – whether erection of garages and sheds breaches covenant requiring dwellinghouse use only – whether any such breach amounts to acquiescence in further breaches … Continue reading Camstead Ltd, Re Law of Property Act 1925: LT 18 Oct 2004
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). Citations: [2004] EWLands LP – 51 – 2003 Links: Bailii Jurisdiction: England and Wales Land Updated: 13 August 2022; Ref: scu.225826
A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant’s own use. The relevant property of the objector was not her own house, but consisted of a driveway, and a plot of land on which she hoped to be allowed … Continue reading Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004
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’ amenities – change in character of estate as some areas developed to greater density – many covenants on estate no longer enforceable – … Continue reading Felton Homes Ltd, Re Law of Property Act 1925: LT 2 Dec 2004
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 – Law of Property Act 1925, s84(1)(a) Judges: N J Rose FRICS Citations: [2003] EWLands LP – 45 – 2002 Links: Bailii Statutes: Law of … Continue reading Harrold and Another, Re Law of Property Act 1925: LT 27 Oct 2003
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 bargaining tool relevant to para (a) – whether practical benefits of substantial value or advantage secured by restriction – application for modification … Continue reading Broomhead and Others, Re Law of Property Act 1925: LT 13 Mar 2003
application by Pt 8 claim seeking a vesting order under section 181 of the Law of Property Act 1925. Citations: [2021] EWHC 941 (Ch) Links: Bailii Statutes: Law of Property Act 1925 181 Jurisdiction: England and Wales Land Updated: 20 December 2022; Ref: scu.662210
The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable. Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section … Continue reading Healey v Brown: ChD 25 Apr 2002
Vendor and purchaser summons under section 49 of the Law of Property Act 1925 Judges: Morgan J Citations: [2020] EWHC 1711 (Ch) Links: Bailii Statutes: Law of Property Act 1925 49 Jurisdiction: England and Wales Land, Contract Updated: 09 December 2022; Ref: scu.652232
The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003
Restrictive Covenants : Modification – house on 1980’s estate – planning permission to demolish garage and build second house on plot – parties agreeing no injury under ground (c) – assessment of sum to reflect diminution in price originally paid because of inclusion of restrictions – sub-para (ii) of Section 84(1) of Law of Property … Continue reading Sheppard v Grant and Others: UTLC 12 Jun 2020
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The appellant had agreed to take leases on a development of the defendant, hoping to sell the apartments on at a profit. After difficulties, the appellant refused to complete, and the defendant forfeited the deposits. Held: Eyestorm’s appeal was dismissed. It had failed to show the breach of the contract by the defendant. Judges: Tuckey … Continue reading Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007
Landlord and Tenant – Service Charges – Landlord and Tenant Act 1985, s. 27A – Landlord’s legal costs of proceedings before Upper Tribunal under Law of Property Act 1925, s. 84 – Whether landlord’s contractual entitlement to recover such costs under service charge provisions of chalet leases on holiday park precluded by consent order agreed … Continue reading Shearbarn Holiday Park Ltd v Wornell and Others: UTLC 27 Apr 2021
The tenant appealed an order for possession. He had been convicted of making indecent images of children. The defendant had moved his tenancy from the property in which the offences had been convicted to a neighbouring property. The landlord said that offence had still been committed in the locality of the house. Held: The tenant’s … Continue reading Raglan Housing Association Ltd v Fairclough: CA 1 Nov 2007
The land-owners applied for a variation of a restrictive covenant to allow them to put a second house on their plot. They had bought out the right of the original builder, but a neighbour also had the benefit of the covenant. They now appealed the nil compensation awarded. Held: ‘it is perhaps difficult, as a … Continue reading Winter and Another v Traditional and Contemporary Contracts Ltd: CA 7 Nov 2007
The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005
The tenant served by recorded delivery a counter-notice. On the day it was first delivered, nobody was available to sign for it. The landlord claimed it was out of date. Held: The statutory fiction was just that. A letter was deemed to be served on the it would have been served in the normal course … Continue reading WX Investments Ltd v Begg: ChD 13 May 2002
The home owners requested the setting aside of the sale of their house after a re-possession, alleging impropriety, and that it had been sold at an undervalue. The respondent society had a rule that properties taken into possession could not be purchased by its own employees. The property had been purchased in breach of that … Continue reading Deakin, JDeakin v Corbett, Corbett, Halifax Plc: CA 18 Dec 2002
Restrictive Covenants – Modification – Leasehold Office Premises – planning permission for change of use to hotel – hotel use prohibited by lease – whether covenants secure to freeholder practical benefits of substantial value or advantage – application refused – s.84(1), Law of Property Act 1925 Citations: [2020] UKUT 104 (LC) Links: Bailii Statutes: Law … Continue reading Edgware Road (2015) Ltd v The Church Commissioners for England: UTLC 3 Apr 2020
Citations: [2004] EWCA Civ 1764 Links: Bailii Statutes: Law of Property Act 1925 50 Jurisdiction: England and Wales Land Updated: 19 November 2022; Ref: scu.220661
UTLC RESTRICTIVE COVENANT – modification – building scheme – proposed development of dormer bungalow – whether a precedent for similar development elsewhere on estate – density and layout – whether practical benefits of substantial value or advantage to objectors – application refused – Law of Property Act 1925 s84(1)(aa) Citations: [2013] UKUT 34 (LC) Links: … Continue reading Walsh and Another, Re Bowen Road: UTLC 13 Feb 2013
RESTRICTIVE COVENANT – preliminary issue – whether restriction imposed under a disposition made gratuitously – Law of Property Act 1925 s 84(7) – applicant held not entitled to apply under s 84(1) Citations: [2005] EWLands LP – 17 – 2004 Links: Bailii Statutes: Law of Property Act 1925 84(7) Jurisdiction: England and Wales Land Updated: … Continue reading In re Robins: LT 16 Feb 2005
The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually … Continue reading Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998
Restrictive Covenants – Discharge – Proposed Use of Field As A Farm Strip for Private Aircraft in close proximity to Sandown Airport – planning permission for construction of agricultural barn – whether to be used to hangar applicant’s aircraft – possibility of future unspecified use of application land – relevance of GPDO – Law of … Continue reading Miller v Subhani: UTLC 30 Mar 2020
A common right of grazing which was quantified but not related to the ability of the land to sustain it was capable of existing in gross, and was therefore severable entirely from the land to which it related. The severance was no necessary prejudice to the land. Robert Walker LJ doubted ‘whether it is correct … Continue reading Bettison and Another v Penton and Another: CA 22 Jan 1998
RESTRICTIVE COVENANTS – MODIFICATION – covenant against alterations to new dwelling without consent of developer – covenantee refusing consent to enlargement of garage and creation of additional accommodation – application by original covenantor to modify or discharge covenant to permit enlargement – covenant imposed only three years before application – risk of breaches of other … Continue reading O’Callaghan and Another v Middleton and Others (Restrictive Covenants – Modification): UTLC 19 Mar 2020
Landlord and Tenant – Service Charges – Administration Charges – Burden of Proof – Scope of Costs Incurred for The Purpose of The preparation and service of a notice under section 146 of the Law of Property Act 1925 Judges: Judge Elizabeth Cooke Citations: [2022] UKUT 285 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Assethold Ltd v Nelio Patricio Teixeira Franco: UTLC 7 Nov 2022
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
UTLC RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to alter property without covenantee’s written consent – application to modify so as to permit significant extension and remodelling of existing bungalow – effect upon visual amenity – practical benefits of substantial value or advantage – injury – Law of Property Act 1925 section 84, … Continue reading Wild and Another, Re Golf Links Road: UTLC 5 Nov 2012
The plaintiffs granted a business lease to the defendants for three years. The tenant covenanted not to assign the lease without the written consent of the landlord, such consent not to be unreasonably withheld in the case of a respectable tenant. The tenant assigned the lease without the landlord’s consent. That assignment was effective. The … Continue reading Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd and Another: CA 21 Jun 1979
Citations: [2012] EWCA Civ 1626, [2013] PNLR 188 Links: Bailii Statutes: Trustee Act 1925 61 Jurisdiction: England and Wales Cited by: Cited – Schubert Murphy (A Firm) v The Law Society QBD 17-Dec-2014 The claimant solicitors’ firm had acted in a purchase, but the vendors were represented by fraudsters presenting themselves as solicitors, registering with … Continue reading Davisons Solicitors (A Firm) v Nationwide Building Society: CA 12 Dec 2012
LANDLORD AND TENANT – ADMINISTRATION CHARGES – address for service of notice requiring payment of ground rent – tenant’s address known to landlord but not to its successor – whether knowledge of address to be imputed to successor – notice served by post – whether required to be addressed to tenant at subject property – … Continue reading Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022
UTLC RESTRICTIVE COVENANT – modification – covenant restricting development to one dwelling per plot – proposal to erect additional house within grounds of existing property – objectors’ entitlement to benefit – whether Building Scheme – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – … Continue reading Perkins and Another, Re 87 Peplins Way: UTLC 25 Oct 2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
Citations: [2012] EWHC 2351 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 05 November 2022; Ref: scu.464602
Appeal by prospective purchaser of property from order that contract rescinded, and deposit forfeited. Judges: Morritt LJ Citations: Gazette 26-Mar-1997, Times 21-Mar-1997, [1997] EWCA Civ 1062, [1997] 1 WLR 1016 Links: Bailii Statutes: Land Registration Act 1925 110 Jurisdiction: England and Wales Citing: Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA … Continue reading Urban Manor Limited v Sadiq: CA 20 Feb 1997
The widow and personal representative of the chargor challenged the enforcement proceedings taken by the bank under a guarantee. The chargor had begun to suffer Alzheimers disease. She now sought leave toappeal saying that to enforce the guarantee, the bank should have applied to appointed receivers under the 1983 Act. Held: Leave to appeal was … Continue reading Calvert v Clydesdale Bank Plc and Others: CA 27 Jun 2012
The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, but nevertheless of considerable value to mortgagors who are in default. Citations: Gazette 20-Nov-1996, Times … Continue reading Cheltenham and Gloucester Building Society v Krausz: CA 22 Oct 1996
The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease. Held: The breach of the covenant was remediable if the harm caused can be rectified. The breach was a continuing one. Possession was … Continue reading Savva and Another v Houssein: CA 24 Apr 1996
A notice to quit given by one of two joint tenants was binding on the other tenant despite there having been no consultation between them. Citations: Times 23-Feb-1995, [1996] 1 QB 13 Statutes: Law of Property Act 1925 26-3 Jurisdiction: England and Wales Cited by: Cited – Sims v Dacorum Borough Council CA 24-Jan-2013 Husband … Continue reading Crawley Borough Council v Ure: CA 23 Feb 1995
Citations: [2007] EWHC 387 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 24 October 2022; Ref: scu.526404
LT RESTRICTIVE COVENANT – modification – dwellinghouse – restrictions preventing erection of more than one dwellinghouse or bungalow – application to modify to permit two or three dwellinghouses – whether restrictions obsolete – whether proposed user reasonable – whether restrictions secured practical benefits of substantial value or advantage – whether discharge would cause injury – … Continue reading Fisher, Re Dayspring: LT 30 Jun 2008
RESTRICTIVE COVENANTS – MODIFICATION – restriction to one dwellinghouse per plot on small estate – modification sought to permit one additional house on largest plot – whether restriction secured practical benefit of substantial value or advantage – whether modification would set a damaging precedent – whether compensation payable for short term disruption caused by building … Continue reading Martin v Lipton and Others (Restrictive Covenants – Modification): UTLC 14 Jan 2020
Judges: Master Kaye Citations: [2022] EWHC 2375 (Ch) Links: Bailii Statutes: Law of Property Act 1925 181 Jurisdiction: England and Wales Land Updated: 14 October 2022; Ref: scu.681338
Leeds County Court – Claim that a proposed bulding of additional premises within a property boundary would amount to an infringement of a restrictive covenant against causing a nuisance or annoyance to a neighbour. Held: The building would be in breach of the covenant against causing annoyance. Judges: Behrens HHJ Citations: [2015] EW Misc B28 … Continue reading Tupholme and Others v Firth: Misc 17 Sep 2015
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Restrictive Covenants – Discharge – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925 Citations: [2019] UKUT 335 … Continue reading Payne v Maldon District Council: UTLC 5 Nov 2019
Restrictive Covenants – Modification – Leasehold Grade I Listed building in Berkeley Square – user clause restricted to offices – application to modify to allow use as a private members’ club – whether restriction obsolete – whether practical benefit of substantial value or advantage secured – whether injury would be caused by modification – section … Continue reading Berkeley Square Investments Ltd v Berkeley Square Holdings Ltd: UTLC 9 Dec 2019
The parties had litigated the sale of land free of restrictive covenants. Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to have been able to establish whether it was proper … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004
The claimant sought a declaration that a contract for the sale of property in London to the First Defendant has terminated, leaving the Claimant free to deal with the property as he chose. Teseo counterclaimed for specific performance of the Contract and the sale of the property to itself. If it failed in its claim … Continue reading Cohen v Teseo Properties Ltd and Another: ChD 18 Jul 2014
UTLC RESTRICTIVE COVENANT – modification – covenant in 1870 Deed Poll restricting estate development to two dwellings per plot – proposal to erect additional house on part of two of the original plots – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – whether … Continue reading Hoyle and Another, Re Land At Woodlands: UTLC 21 Nov 2011
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title. Held: The court considered the construction of the clause … Continue reading Margerison v Bates and Another: ChD 30 May 2008
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected. Held: The landlord was entitled when granting consent to take into account possible adverse effects on his own business interests and was therefore able to impose … Continue reading Sargeant, and Sargeant v Macepark (Whittlebury) Limited: ChD 8 Jun 2004
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
RESTRICTIVE COVENANT – preliminary issues – 2 previous unsuccessful applications – National Trust objecting – whether application should be struck out – held it should not be – compensation – whether ground (aa) should be struck out on basis that money would not be adequate compensation – held it should not be – Law of … Continue reading Thames Valley Holdings Led, Re Land at Ockwells Road: UTLC 16 Aug 2011
UTLC RESTRICTIVE COVENANT – modification – covenant restricting development to one dwelling per plot – proposal to erect additional house within grounds of existing property – objectors’ entitlement to benefit – whether Building Scheme – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – … Continue reading Perkins, Re Peplins Way, Brookmans Park: UTLC 16 Jun 2011
Easement – section 62 of the Law of Property Act 1925 – farm and cottage in common ownership – farm sold off first – issue as to whether on sale the farm acquired the benefit of a right of way over land belonging to the cottage. Citations: [2019] UKFTT 589 (PC) Links: Bailii Jurisdiction: England … Continue reading Brassington v Orton: FTTPC 12 Aug 2019
LT RESTRICTIVE COVENANTS – modification – dwelling houses – restrictions preventing erection of more than one dwelling house on each of two adjoining plots – application to modify to permit not more than two additional dwellings in existing rear gardens – whether restrictions secured practical benefits of substantial value or advantage – whether modification would … Continue reading Davies, Re an Application: LT 13 Aug 2008
RESTRICTIVE COVENANT – modification – open land – covenant prohibiting erection of any building – application to modify to permit construction of 17 dwellinghouses and seven garages – application refused – Law of Property Act 1925 s84(1) (aa). Citations: [2011] UKUT 91 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 13 September 2022; Ref: … Continue reading George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd: UTLC 14 Mar 2011
UTLC RESTRICTIVE COVENANT – application to modify a restriction so as to reduce the size of a shared vehicle turning area – whether practical benefits of substantial value or advantage secured by the restriction – whether money will be adequate compensation for loss or disadvantage -whether express or implied consent – whether modification will cause … Continue reading Re Thistledew, 6A Nottingham Road: UTLC 18 Feb 2011
The deceased had effectively settled his divorce ancillary relief proceedings by promising to leave a property by will to to his former wife, the claimant. He signed a document which appeared to be intended to give effect to his undertaking, but the document was not executed as a will. The respondents said that the agreement … Continue reading Irani v Irani and others: ChD 24 Jul 2006
The defendant had charged her home to the claimant and fallen into arrears. There was a sub-charge executed on the same day in favour of the Bank of Scotland (BOS) under which the claimant agreed to repay to BOS the amount it owed to them. Held: The sub-charge did not operate to transfer to BOS … Continue reading Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004
Judges: Mr Justice Kitchin Citations: [2009] EWHC 1496 (Ch), [2009] 2 P and CR 22, [2009] 27 EG 90 Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 04 September 2022; Ref: scu.347268
Judges: Lord Justice Chadwick Lady Justice Arden Lord Justice Sedley Citations: [2006] EWCA Civ 511 Links: Bailii Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 September 2022; Ref: scu.241569
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
LRA Applicants and their predecessors were in possession of the disputed land for 45 years or more without consent – Application to register Applicants as proprietors on the basis of adverse possession – The land in question formed part of a common subject to a 1915 management scheme made under the Commons Act 1899 – … Continue reading Jan Whitehurst, Susan Elizabeth Whitehurst, Richard Leslie Whitehurst, Victoria Jayne O’ Donnell v Malcolm Dickinson (Adverse Possession): LRA 27 Jul 2009
LRA Former highways and the medium filum rule – acquisition of an easement for parking – Law of Property (Miscellaneous Provisions) Act 1989 s2 – Law of Property Act 1925 s62 – Local Government Act 1972, s 132(2A) – Local Government Organisation (Property) Order 1986 – Stopping-Up of Highways (London Borough of Tower Hamlets) (No. … Continue reading The Mayor and Burgesses of The London Borough of Tower Hamlets v Barrett: LRA 4 Feb 2009
LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002
The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial transactions for a contract of guarantee to be contained in a single document, and … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: CA 9 Mar 2012
LT RESTRICTIVE COVENANT – modification or discharge – obsoleteness – practical benefits of substantial value or advantage – injury – proposal for conservatory and removal of part of garden wall – effect of development on visual amenity to objectors’ retained land – planning permission granted – modification ordered – Law of Property Act 1925, section … Continue reading O’Brien and Another, in re 2 Turnpike Road, Tadcaster: LT 22 Feb 2008
Restrictive Covenants – Modification – leasehold retail unit in Fitzrovia – covenant preventing medical use – whether obsolete – whether securing practical benefit of substantial value or advantage – s.84(1)(a) and (aa), Law of Property Act 1925 – modification granted Citations: [2022] UKUT 150 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 26 August … Continue reading Schwarzschild Ochs Pty Ltd v Concerto Properties Ltd: UTLC 20 Jun 2022
UTLC RESTRICTIVE COVENANT – discharge or modification – restriction preventing redecoration or alteration of building exterior – requirement to replace patio doors/windows – whether covenant obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether discharge or modification would cause injury – application refused – … Continue reading Roberts, Re 7 Storm, 85 Banks Road: UTLC 8 Sep 2010
UTLC RESTRICTIVE COVENANT – modification – obsoleteness – practical benefits of substantial value or advantage – implicit agreement – injury – application to permit erection of property in accordance with planning consent granted on 28 February 2007 – breaches – status of application – planning issues – modification allowed – Law of Property Act 1925 … Continue reading Hayden, Re The Waves, 2 Hengist Road: UTLC 15 Sep 2010
UTLC RESTRICTIVE COVENANT – modification – addition of first floor above garage in Hampstead Garden Suburb – effect on character of area – policy guidance – precedent – weight to be given to local planning authority approval – whether power to prevent development a practical benefit of substantial advantage to trust – held that it … Continue reading Zenios and Another, Re Ingram Avenue: UTLC 26 Jul 2010
UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached house adjoining boundary of objector’s property – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;6,875 – Law of Property Act 1925 s84(1)(aa) and (c) Judges: Trott FRICS Citations: [2010] UKUT 206 (LC) Links: … Continue reading High Street Winterbourne, Re: UTLC 24 Jun 2010
LT RESTRICTIVE COVENANT – modification – practical benefits of substantial value or advantage – proposal for single storey extension – effects of development on outlook from objectors’ properties and upon surroundings – planning permission granted – application refused – Law of Property Act 1925, s84(1), ground (aa). Citations: [2007] EWLands LP – 86 – 2006 … Continue reading Mutman-Kearey, Re Application By: LT 17 Sep 2007
RESTRICTIVE COVENANTS – restriction to 1 house per plot – application to modify to allow residential development in rear gardens – whether practical benefits of substantial value or advantage secured to objectors – whether injury to objectors – related application to modify restriction relating to approval of plans – both applications dismissed – Law of … Continue reading Diggens and Others, Re: LT 20 Nov 2000
The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting … Continue reading Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004
The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the … Continue reading Area Estates Ltd v Weir: CA 20 Jul 2010
Tenants challenging power of freeholders to impose parking regulations on occupiers of development. The landlord appealed. Held: ‘the regulations in the present case – which limited the right to park to the parking of one vehicle at a time – were proper regulations to make. They were regulations which can be seen as necessary if … Continue reading Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006
LT RESTRICTIVE COVENANT – grazing land – restriction prohibiting erection of residence or manufactory – application to discharge or modify to permit construction of bungalow – whether restriction obsolete – whether practical benefits secured by restriction of substantial value or advantage -application refused – Law of Property Act 1925, s84(l)(a)and (aa). Citations: [2007] EWLands LP … Continue reading Duffield v Duffield: LT 10 Jul 2007
RESTRICTIVE COVENANT- modification – conversion and extension of dwelling house into self-contained apartments – no outstanding objections – whether the persons entitled to the benefit of the restrictions agreed to modification – ground (b) not established – practical benefits of substantial value or advantage where there are no objections – application granted – Law of … Continue reading Dartmouth and Another: LT 8 Jun 2006
Reference by consent – Purported assignment of tenancy without deed – Estoppel by representation or convention – No reliance to detriment – Limited application of Law of Property Act,1925, s.144 – Surrender and regrant – No unequivocal act accepting end of tenancy – Unprofessional conduct not amounting to unconscionable conduct Citations: [2000] EWLands CON – … Continue reading St John’s Hospital Trustees v Keevil and Another: LT 27 Nov 2000
UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached bungalow to the rear of existing house – whether practical benefits of substantial value or advantage secured to objectors – whether a building scheme – application granted – compensation totalling pounds 23,000 awarded – Law of Property Act 1925 s84(1)(aa) Citations: [2009] UKUT 159 … Continue reading Robinson, Re 5 Beckworth Close: UTLC 24 Aug 2009
UTAA RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to make alterations and additions without adjoining owner’s approval – application to modify to permit alterations to existing house – Law of Property Act 1925, s84(1)(aa) and (c). Judges: N J Rose FRICS Citations: [2010] UKUT 16 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Walker, Re Priddeons: UTLC 27 Jan 2010
Citations: [2006] EWLands LP – 33 – 2005 Links: Bailii Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Land, Costs Updated: 18 August 2022; Ref: scu.240454
RESTRICTIVE COVENANT – discharge – modification – whether restriction requiring approval of plans obsolete – modification of restrictions on height and number of flats within a purpose-built block – removal of garage block – whether practical benefits of substantial value or advantage secured to objectors – application for discharge refused – application for modification granted … Continue reading Carbury 2000 Ltd: LT 16 Jun 2006
LT RESTRICTIVE COVENANT – modification – dwellinghouse – restrictions imposed by four conveyances preventing development on rear garden – application to modify to permit construction of detached dwellinghouse – whether restrictions obsolete – whether those entitled to benefit of restrictions agreed to their discharge or modification – whether injury to objectors. Citations: [2008] EWLands LP … Continue reading Foley and Another, in re Montana House, 6 Orchehill Avenue, Gerards Cross: LT 25 Feb 2008
RESTRICTIVE COVENANT – discharge – restriction limiting development upon land to the rear of dwellinghouses – application for discharge to permit the construction of two residential dwellings – whether restriction obsolete – whether those benefiting from the restrictions have agreed expressly or by implication to the discharge – whether discharge would injure those entitled to … Continue reading Parkinson, Re: LT 16 Dec 2005
The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed. Held: The tenant had no right of set off. Muscat established a right where the arrears had arisen during the prior to the … Continue reading Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005
RESTRICTIVE COVENANT – restriction to use as private residence only – application to amend this limitation so as to permit occupation of not more than 2 bedrooms by paying guests – whether change in character of area – whether injury to objectors – application refused – Law of Property Act 1925, s84(1)(a) (aa) (c) (1A) … Continue reading Pennington, Re: LT 25 Sep 2001
