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

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 . .

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 . .

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 . .

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 . .

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 . .

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 . .

In the case of an application to remove or vary covenants for a property within a building scheme, there is ‘a greater onus of proof upon any applicants for the modification of covenants to show that the requirements of section 84 of the Act are satisfied.’ The court rejected a suggestion that ‘practical benefits’ were … Continue reading Gilbert v Spoor: CA 1983

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

There was a covenant that the premises should not ‘be used for any art trade or business or profession whatsoever . . ‘ but should be ‘kept and used only for the purposes of the Grosvenor Housing Scheme as dwellings for the working classes . . ‘. Held: A term in a restrictive covenant was … Continue reading Westminster City Council v Duke of Westminster: ChD 1991

Citations: [2018] EWHC 4018 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 06 April 2022; Ref: scu.655441

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

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

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

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

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

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

UTLC RESTRICTIVE COVENANTS – discharge – modification – restriction to one single storey bungalow – proposed development as a house – loss of view – overlooking – outlook – grounds (a) and (aa) of s84 of Law of Property Act 1925 – application refused [2015] UKUT 564 (LC) Bailii Law of Property Act 1925 84 … Continue reading Hawkins Re: Walnut Acre: UTLC 3 Nov 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

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

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

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

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

UTLC RESTRICTIVE COVENANT – discharge – enclosure of amenity land into private gardens – easement – application under grounds (a), (aa), (b) and (c), s84(1) Law of Property Act 1925 – application refused. [2015] UKUT 44 (LC) Bailii Law of Property Act 1925 84 England and Wales Land Updated: 27 December 2021; Ref: scu.542515

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

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

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

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

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

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

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 . .

The applicants had agreed with the planning authority under section 37 of the 1962 Act that part of their land would be used only as a private open space. They later sought planning consent to build a house. The consent was granted on appeal to the . .

Appeal, by way of case stated, from a decision of the Lands Tribunal refusing to order the discharge of certain restrictions affecting land of which the appellant, the University of Westminster, is the freehold owner. . .

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 – . .

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 . .

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) . .

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 . .

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 – . .

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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 . .

LT RESTRICTIVE COVENANT – discharge or modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify or discharge to permit retention of existing house and . .

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 . .

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 . .

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 . .

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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 . .

UTLC RESTRICTIVE COVENANT – discharge or modification – restriction preventing redecoration or alteration of building exterior – requirement to replace patio doors/windows – whether covenant obsolete – whether . .

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 . .

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 . .

LT RESTRICTIVE COVENANTS – application under section 84 of Law of Property Act 1925 as amended – whether a building scheme existed so as to entitle certain persons to object to the proposed modification or . .

LT RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify to permit one additional dwelling -whether restriction obsolete – . .

The claimants appealed against refusal by the lands tribunal to vary a restrictive covenant saying that the covenant against building no longer secured any substantial practical benefit to the neighbour.
Held: The appeal failed. . .

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