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James Hall and Company (Property) Ltd v Maughan and Others, Re The Aclet (Restrictive Covenants): UTLC 8 Jun 2017

RESTRICTIVE COVENANTS – Discharge – pub on housing estate – restriction on use to hotelier and licensed victualler – objectors seeking to keep pub open – possibility of pub closing – held that the restriction does not secure practical benefits to the objectors – Tribunal’s discretion to modify – application allowed – Law of Property … Continue reading James Hall and Company (Property) Ltd v Maughan and Others, Re The Aclet (Restrictive Covenants): UTLC 8 Jun 2017

First National Securities v Hegerty: CA 1984

The husband had forged his wife’s signature on the loan application and on the charge of the house held by himself and his wife as joint tenants. He had left the country, and the plaintiff sought to enforce the charge, and ex parte obtained an order nisi charging the husband’s interest in the house. The … Continue reading First National Securities v Hegerty: CA 1984

James Hall and Company (Property) Ltd v Maughan and Others: UTLC 14 Nov 2016

UTLC RESTRICTIVE COVENANT – Law of Property Act 1925 section 84 — whether persons appearing entitled to benefit of restrictive covenant so as to be admitted to oppose application to discharge it – section 84(3A) [2016] UKUT 513 (LC) Bailii Law of Property Act 1925 84 England and Wales Land Updated: 26 January 2022; Ref: … Continue reading James Hall and Company (Property) Ltd v Maughan and Others: UTLC 14 Nov 2016

Roake and others v Chadha and another: QBD 1984

Land was laid out in individual lots and sold off in a standard form requiring that no building should be erected other than one private dwelling house and that plans should be submitted for approval. The defendants purchased one lot and wished to erect an additional house in contravention of the restriction. The plaintiffs owned … Continue reading Roake and others v Chadha and another: QBD 1984

Graham v Philcox: CA 1984

A right of way, originally granted in connection with a five year tenancy of a part of a house, was converted by section 62 into a permanent right of way on the conveyance of the freehold.
Lord Justice Purchas disagreed with the judge who had . .

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Re Bromor Properties Limited: LT 1995

On an application to vary a restrictive covenant preventing further building, construction disturbance was treated as one of number of factors justifying refusal to modify. Judges: Mr Clarke Citations: [1995] 70 P and CR 569 Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Citing: Applied – Re Tarhale Limited LT 1990 Two … Continue reading Re Bromor Properties Limited: LT 1995

Re Snaith and Dolding’s Application: LT 1995

The applicants sought modification of a covenant, to enable them to build a second house on a single plot within a building scheme. Held: ‘The position of the Tribunal is clear. Any application under section 84(1) must be determined upon the facts and merits of the particular case, and the Tribunal is unable to bind … Continue reading Re Snaith and Dolding’s Application: LT 1995

Blythe Corporation’s Application: 1962

A covenant required the purchasers to erect and maintain a chain link fence. Held: The covenant was a positive personal covenant between the original vendor and the original purchaser and was not a restrictive covenant. The Lands Tribunal declined jurisdiction to vary it under the section. Citations: (1962) 14 PLCR 56 Statutes: Law of Property … Continue reading Blythe Corporation’s Application: 1962

Pendennis Shipyard (Holdings) Ltd and Another v A and P Falmouth Ltd and Others Re: Falmouth Dockyard: UTLC 24 Nov 2017

UTLC RESTRICTIVE COVENANTS – Modification – Falmouth Dockyard – Application to modify restrictions so as to align covenants with those on adjoining land owned by the applicants and to allow work on commercial and military craft – potential for effect on objectors’ businesses – whether objectors enjoy practical benefits of substantial value or advantage – … Continue reading Pendennis Shipyard (Holdings) Ltd and Another v A and P Falmouth Ltd and Others Re: Falmouth Dockyard: UTLC 24 Nov 2017

Derreb Ltd v Blackheath Cator Estate Residents Ltd and Others, Re Manor Way: UTLC 5 Sep 2017

Restrictive Covenants – Modification – RESTRICTIVE COVENANTS – Modification – Law of Property Act 1925 s.84 – restriction limiting use of land to use for a sports ground or for the erection of detached houses for use as private residences only – land derelict – no prospect of future use for sports ground – land … Continue reading Derreb Ltd v Blackheath Cator Estate Residents Ltd and Others, Re Manor Way: UTLC 5 Sep 2017

Williams, Re Leazes Terrace: UTLC 23 Aug 2017

UTLC RESTRICTIVE COVENANTS – discharge – modification – proposed development of chalet bungalow on garden land surrounded by houses – whether reasonable user – whether practical benefits of substantial value or advantage – whether exceptional disruption likely due to construction works – application refused – section 84(1)(aa) and (c) Law of Property Act 1925 . … Continue reading Williams, Re Leazes Terrace: UTLC 23 Aug 2017

The Croft (Bickershaw) Ltd: UTLC 29 Aug 2017

UTLC RESTRICTIVE COVENANT- modification – preliminary issue under s84(3A) – whether right to benefit had been lost as a result of transfer of that part of benefited land most likely to benefit – relevant conveyances not before the Tribunal – Objector admitted to object but decision as to entitlement left to final hearing Citations: [2017] … Continue reading The Croft (Bickershaw) Ltd: UTLC 29 Aug 2017

Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd: SC 6 Nov 2020

The correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925. Citations: [2020] UKSC 45 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Citing: Appeal … Continue reading Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd: SC 6 Nov 2020

The Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd and Others: CA 28 Nov 2018

Appeal from grant of permission for modification of restrictive covenants on land. Judges: Underhill, Sales, Moylan LJJ Citations: [2018] EWCA Civ 2679, [2019] JPL 471, [2019] 2 P and CR 2, [2019] 1 WLR 2729, [2018] WLR(D) 733 Links: Bailii, WLRD Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Cited by: Appeal … Continue reading The Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd and Others: CA 28 Nov 2018

Sutton and East Surrey Water Plc v Kilby and Others, Re Woodcote Reservoir: UTLC 13 Jun 2017

UTLC RESTRICTIVE COVENANTS – Law of Property Act 1925 Section 84 — application for discharge or modification of restrictive covenants — covenants imposed by a deed of 1910 which is no longer available — whether objectors entitled to the benefit of the covenants Citations: [2017] UKUT 248 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Sutton and East Surrey Water Plc v Kilby and Others, Re Woodcote Reservoir: UTLC 13 Jun 2017

Samson, Re 41 Newcombe Street: UTLC 27 Mar 2017

RESTRICTIVE COVENANTS – proposed construction of additional house in existing terrace – restriction against development of application land without vendors’ approval – whether restriction obsolete – whether restriction secured substantial practical benefits – possible interference with right of way to rear of objectors’ properties – worsening of on-street car parking – application for discharge or … Continue reading Samson, Re 41 Newcombe Street: UTLC 27 Mar 2017

Waggott and Another v Yip: UTLC 13 Mar 2017

UTLC RESTRICTIVE COVENANT – discharge – restriction preventing use of premises other than as offices – applicants wish to convert to two residential flats – whether restriction obsolete – whether covenant secures practical benefits of substantial value or advantage – whether discharge would injure the objector – application granted – Law of Property Act 1925 … Continue reading Waggott and Another v Yip: UTLC 13 Mar 2017

Turner and Another v Pryce and others: ChD 9 Jan 2008

The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the claimants. Held: There was not only an intention to create a building scheme but also a clearly … Continue reading Turner and Another v Pryce and others: ChD 9 Jan 2008

Pearce v Connelly and Others: UTLC 9 Feb 2017

UTLC RESTRICTIVE COVENANTS – modification – garden land with planning consent for residential dwelling – restriction preventing construction of more than one house – whether covenant secures practical benefits of substantial value or advantage – held it did not – application under ground (aa) allowed – Law of Property Act 1925 s.84(1)(aa) Citations: [2017] UKUT … Continue reading Pearce v Connelly and Others: UTLC 9 Feb 2017

Rae, Re 12 Park View (Restrictive Covenants : Modification): UTLC 13 Dec 2016

UTLC Prohibition of more than one house on plot – planning permission for second house – whether covenant obsolete – held that it was not – application under grounds (a) and (c) refused – whether covenant secured practical benefits of substantial value or advantage – held that it did not – application under ground (aa) … Continue reading Rae, Re 12 Park View (Restrictive Covenants : Modification): UTLC 13 Dec 2016

Munday v The Crown Estate Commissioners, Re: Pinewood Lodge, Oxshott: UTLC 22 Nov 2016

UTLC RESTRICTIVE COVENANT – Costs – application to modify – objector relying solely on privity of contract – original covenantor transferring burdened land to spouse to avoid objection – objection withdrawn – whether objector to pay costs of application – rules 10(3) and 10(6)(c), Tribunal Procedure (Upper Tribunal)(Lands Chamber) Rules 2010 — Lands Chamber Practice … Continue reading Munday v The Crown Estate Commissioners, Re: Pinewood Lodge, Oxshott: UTLC 22 Nov 2016

Lynch, Re Land At St Catherines Road Ruislip: UTLC 23 Nov 2016

UTLC RESTRICTIVE COVENANTS – modification – land with planning permission for residential dwelling – prohibition restricting construction of more than one house – whether covenant obsolete – held that it was not – application under ground (a) refused – whether covenant secured practical benefits of substantial value or advantage – held it did not – … Continue reading Lynch, Re Land At St Catherines Road Ruislip: UTLC 23 Nov 2016

Millgate Developments Ltd and Another v Smith and Another, Re: Exchange House, Woodlands Park Avenue, Maidenhead: UTLC 21 Nov 2016

UTLC RESTRICTIVE COVENANTS – Modification – land in green belt subject to restriction to be used only for parking vehicles – 13 affordable housing units built prior to application and in the face of objections – adjoining land with benefit of covenant being developed as children’s hospice – whether modification appropriate – practical benefits of … Continue reading Millgate Developments Ltd and Another v Smith and Another, Re: Exchange House, Woodlands Park Avenue, Maidenhead: UTLC 21 Nov 2016

University of Chester, Re: Land at Sandy Lane: UTLC 18 Oct 2016

UTLC RESTRICTIVE COVENANT – Modification – dilapidated university boathouse – planning permission for larger new community rowing facility – prohibition on trade or business – use restricted to gardens or pleasure grounds – height restriction – whether covenants obsolete – whether covenants secure practical benefits of substantial value or advantage – whether restriction contrary to … Continue reading University of Chester, Re: Land at Sandy Lane: UTLC 18 Oct 2016

Davie and Another, Re: 15 Arun Vale: UTLC 18 Oct 2016

UTLC RESTRICTIVE COVENANTS – discharge – modification – proposed erection of low brick wall – covenant prohibiting erection of wall or fence – whether covenants secure practical benefits of substantial value or advantage – whether injury caused to persons entitled to benefit of restrictions – application dismissed – Law of Property Act 1925 s.84(1)(aa), (c) … Continue reading Davie and Another, Re: 15 Arun Vale: UTLC 18 Oct 2016

Surana, Re Land Adjoining 21 Icklingham Road: UTLC 30 Aug 2016

UTLC RESTRICTIVE COVENANT – modification – building scheme – land originally designated a close to which all residents would have access – prohibition on building and uses other than garden or recreation ground for residents – land sold in 1952 and since used as private garden with no access for residents – history of objections … Continue reading Surana, Re Land Adjoining 21 Icklingham Road: UTLC 30 Aug 2016

Roland Stafford Flowers v Linstone Chine Management Company Ltd: CA 4 May 2016

Renewed oral application for permission to appeal against the refusal of the Upper Tribunal (Lands Chamber) (Mr P R Francis FRICS) to vary or discharge a restrictive covenant under section 84(1) of the Law of Property Act 1925 as amended. David Richards LJ [2016] EWCA Civ 674 Bailii Law of Property Act 1925 84(1) England … Continue reading Roland Stafford Flowers v Linstone Chine Management Company Ltd: CA 4 May 2016

Hussain, Re 23 Bartlett Close: UTLC 4 Jul 2016

UTLC RESTRICTIVE COVENANTS – modification – proposed extension to house by addition of a third storey – building scheme – whether substantial effect on amenity of contiguous landowners on the estate – residents association – whether application if granted represents thin end of the wedge – character and ethos of the estate – whether temporary … Continue reading Hussain, Re 23 Bartlett Close: UTLC 4 Jul 2016

Laav Re 146 Burges Road: UTLC 10 Sep 2015

UTLC RESTRICTIVE COVENANT – discharge – modification – proposed development of second house on application land – whether restrictions obsolete under ground (a) – change of character of neighbourhood – grounds (aa) and (c) – whether compensation payable to original covenantee under section 84(1)(ii) – application to modify covenants granted under ground (aa) – Law … Continue reading Laav Re 146 Burges Road: UTLC 10 Sep 2015

Cook and Another Re: 21 Shawfield Park: UTLC 19 Dec 2014

UTLC RESTRICTIVE COVENANT – discharge or modification – dwellinghouse – restrictions preventing erection of building and any additions, alterations, fences and outbuildings without Vendor’s consent – application to discharge or modify restrictions to permit implementation of planning permission to demolish existing two storey dwelling and replace with larger house – whether requirement for consent extended … Continue reading Cook and Another Re: 21 Shawfield Park: UTLC 19 Dec 2014

Birdlip Ltd v Hunter and Another: ChD 24 Mar 2015

The claimant had bought land it wished to develop. The defendant owners of neighbouring land said that they had the benefit of restrictive covenants whch would restrict such development. Behrens HHJ [2015] EWHC 808 (Ch) Bailii Law of Property Act 1925 84(2) England and Wales Citing: See Also – Birdlip Ltd v Hunter and Another … Continue reading Birdlip Ltd v Hunter and Another: ChD 24 Mar 2015

Stafford-Flowers, Re: 182 Brambles Chine Estate: UTLC 3 Mar 2015

UTLC RESTRICTIVE COVENANT – discharge – estate comprising 278 holiday bungalows – occupation restriction on 74 days of the year – applicant seeking discharge to allow all year round occupation and removal of holiday use restriction – obsolescence – practical benefits of substantial value or advantage – public interest – injury – application refused – … Continue reading Stafford-Flowers, Re: 182 Brambles Chine Estate: UTLC 3 Mar 2015

Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021

This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). That turns on the question whether there is anyone who can now claim … Continue reading Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021

Mohammadzadeh v Joseph and others: ChD 15 Feb 2006

The parties disputed whether the defendants owned the benefit of a restrictive covenant. Held: The covenant did touch and concern the land, and the land with the benefit of covenant. The conditions under Federated Homes were met. The covenants were enforceable: ‘in the case of a post 1925 conveyance, once it is established that a … Continue reading Mohammadzadeh v Joseph and others: ChD 15 Feb 2006

J Sainsbury plc v Enfield London Borough Council: 1989

Land had been conveyed in 1894, the purchaser covenanting with the vendor (alone). The fact that the vendor retained other land was apparent from other parts of the conveyance, but the covenant was not expressed to be for the benefit of that land. The first issue was from what facts or documents might the intention … Continue reading J Sainsbury plc v Enfield London Borough Council: 1989

Bath Rugby Ltd v Greenwood and Others (PRE-1926 Restrictive Covenants Affecting Land): ChD 13 Oct 2020

The Court was asked whether a covenant had been attached to the land. Held: the effect of a 1922 conveyance was to annex the benefit of the covenant to land of the vendor and his tenants adjoining or near the Rec. That meant that Mr White and 77 GPS were each entitled to the benefit … Continue reading Bath Rugby Ltd v Greenwood and Others (PRE-1926 Restrictive Covenants Affecting Land): ChD 13 Oct 2020

Fairclough Homes Ltd, Re: LT 8 Jun 2004

Application was made to vary a restrictive covenant: ‘ . . how the character of the area and the amenities would be affected by the modification of the restriction is not in my view to be judged by envisaging the worst that could be done without breaching the restriction and comparing it with what the … Continue reading Fairclough Homes Ltd, Re: LT 8 Jun 2004

Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

UTLC RESTRICTIVE COVENANT – 1864 and 1881 restrictive covenants – use as private dwellinghouse only and imposition of building lines – uncontested breach as a doctor’s surgery – no breach of building lines – application to discharge 1864 covenant under ground (a) allowed in part – application to discharge remainder of 1864 covenant under ground … Continue reading Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

The Trustees of The Green Masjid and Madrasah Re Yardley Wood Road: UTLC 6 Aug 2013

RESTRICTIVE COVENANT – modification – proposed mosque and madrasah – whether objector acting as a custodian of the public interest or as a landowner of adjoining and adjacent land – whether substantial practical benefits – traffic, parking, noise – breach – whether discretion should be exercised to refuse application – application granted subject to acceptance … Continue reading The Trustees of The Green Masjid and Madrasah Re Yardley Wood Road: UTLC 6 Aug 2013

Tate and Another Re: Dunston West Farm: UTLC 25 Jun 2013

UTLC RESTRICTIVE COVENANT – discharge or modification – redundant farm buildings – covenant not to use other than for agricultural use or as a riding school and livery stable – application to discharge or modify to permit erection of detached dwelling house and conversion of existing buildings to provide three dwelling houses – objection by … Continue reading Tate and Another Re: Dunston West Farm: UTLC 25 Jun 2013

Munton v Greater London Council: CA 1976

With respect to the words ‘subject to contract’, Lord Denning said, ‘It is of the greatest importance that no doubt should be thrown on the effect of those words’. As to the difference netween the procedures of compulsory purchase and ordinary contracts: ‘First, when notice to treat is given, it binds the acquiring authority to … Continue reading Munton v Greater London Council: CA 1976

Thomas Re: 18 The Brake: UTLC 4 May 2012

UTLC RESTRICTIVE COVENANT – modification – application to permit construction of single storey extension – reasonableness – practical benefits – effects upon visual amenity – injury – Law of Property Act 1925 section 84, grounds (aa) and (c) – application granted and modification ordered P R Francis FRICS [2012] UKUT 128 (LC) Bailii Law of … Continue reading Thomas Re: 18 The Brake: UTLC 4 May 2012

Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

UTLC RESTRICTIVE COVENANT – discharge or modification – former hospital – covenant relating to small part of hospital building and other land prohibiting erection of any buildings within 20 feet of adjoining footpath – application to discharge or to modify to permit erection of two flats as part of proposed refurbishment of entire hospital to … Continue reading Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

Clearwater Properties Ltd, Re Land and Buildings On The West Side of New Road Burntwood, Re: UTLC 28 May 2013

UTLC RESTRICTIVE COVENANT – discharge or modification – Law of Property Act 1925, s.84(1)(b) – preliminary issue – ‘without prejudice’ correspondence – whether agreement between the parties Sir Keith Lindblom, P [2013] UKUT 210 (LC) Bailii Law of Property Act 1925 84(1)(b) England and Wales Land Updated: 01 November 2021; Ref: scu.514714

Sutcliff and Another: LT 10 Oct 2006

RESTRICTIVE COVENANT – discharge – modification – absolute covenant against development – regulatory covenants – whether the former obsolete – change in character of property – whether practical benefits secured – substantiality – application for . .

In re Robins: LT 16 Feb 2005

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) . .