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Signature of St Albans (Property) Guernsey Ltd v Wragg and Others: UTLC 4 Mar 2019

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

Drummond and Another v Bastow and Others Re Cedar Lawn: UTLC 9 Mar 2018

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

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

Cain, Re Waverley Lodge: UTLC 24 Nov 2009

UTLC RESTRICTIVE COVENANTS – modification – covenant restricting development to one dwelling per plot – building scheme – proposal to erect two additional dwellinghouses within grounds of existing property – whether restrictions obsolete – whether practical benefits of substantial value or advantage secured by the restrictions – whether proposal would cause injury – application granted … Continue reading Cain, Re Waverley Lodge: UTLC 24 Nov 2009

GR and AL Developments Ltd, Re: UTLC 20 Nov 2009

UTLC RESTRICTIVE COVENANTS – modification – covenant restricting development to one dwelling per plot – building scheme – proposal to erect two additional dwellinghouses upon part of the rear gardens of 3 properties – whether practical benefits of substantial value or advantage secured by the restrictions – application refused – Law of Property Act 1925, … Continue reading GR and AL Developments Ltd, Re: UTLC 20 Nov 2009

Flowers, Re 30 Burges Road: UTLC 2 Feb 2010

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

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

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

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

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

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

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

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

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

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

Dobbin: LT 30 Aug 2006

LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow – reasonable user – public interest – whether practical benefits secured – substantiality – effect of scheme – application refused – . .

Fogg, Re The Cobbles: UTLC 17 Apr 2018

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

Lee, Re Courtenay Gate: UTLC 6 Jun 2012

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

Coombes, Re: Brainshaugh House: UTLC 12 Jun 2012

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

Coldman, Re 133 Richmond Road: UTLC 20 Feb 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

King, Re 64 Buxton Road: UTLC 6 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

Phillips and Others, Re: Holiday Chalets At Point Curlew: UTLC 5 Sep 2011

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

Abertawe Bro Morgannwg NHS University Trust v Coedffranc Community Council: UTLC 23 Jun 2009

UTLC RESTRICTIVE COVENANTS – discharge or modification – building not to be used for any purpose other than maternal clinic – whether obsolete – whether injury caused to objector – application granted – Law of Property Act 1925 s84(1)(a) and (c). Citations: [2009] UKUT 114 (LC) Links: Bailii Statutes: Law of Property Act 1925 84 … Continue reading Abertawe Bro Morgannwg NHS University Trust v Coedffranc Community Council: UTLC 23 Jun 2009

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

Cross v Coach House Mews (Highbury) Ltd (Restrictive Covenants – Modification – Covenants Restricting Extensions or External Alterations): UTLC 27 Jan 2022

RESTRICTIVE COVENANTS – modification – covenants restricting extensions or external alterations – planning permission for extension – whether covenants secure practical benefits of substantial value or advantage – s.84(1)(aa) and (c), Law of Property Act 1925 – application dismissed Citations: [2022] UKUT 20 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 16 April 2022; … Continue reading Cross v Coach House Mews (Highbury) Ltd (Restrictive Covenants – Modification – Covenants Restricting Extensions or External Alterations): UTLC 27 Jan 2022

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

Hennessey v Kent, Re High View, Church Street: UTLC 23 Aug 2017

RESTRICTIVE COVENANT – modification – consent restriction – replacement house built without objector’s prior approval – density restriction – whether practical benefits of substantial value or advantage – effect of proposed new houses on the view from objector’s property – applicant planting Leylandii trees to obstruct view – exercise of discretion – application allowed under … Continue reading Hennessey v Kent, Re High View, Church Street: UTLC 23 Aug 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

Dean and Another, Re The Leasow, 4 River View Close: UTLC 15 May 2017

Restrictive Covenants : Modification – restriction preventing construction of more than one house per plot – land with planning consent for an additional dwelling adjacent to existing house — whether proposed user reasonable – whether covenant secures practical benefits of substantial value or advantage to the objectors – ‘thin-end-of-the-wedge’ – whether injury to objectors – … Continue reading Dean and Another, Re The Leasow, 4 River View Close: UTLC 15 May 2017

Creebray Ltd v Deninson and Another: UTLC 11 Sep 2020

Restrictive Covenants : Discharge and Modification – practical benefits of substantial value or advantage – building line – effect of proposed house upon outlook, overlooking, privacy, security and overshadowing – effect and significance of screening beech hedge – application refused – Law of Property Act 1925 section 84(1)(aa) and (c) Citations: [2020] UKUT 262 (LC) … Continue reading Creebray Ltd v Deninson and Another: UTLC 11 Sep 2020

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

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

Snook and Another Re: 71 Cherry Tree Road: UTLC 20 Nov 2015

UTLC RESTRICTIVE COVENANT – discharge – modification – restriction to one single dwellinghouse – proposed development of second house in garden – lack of planning permission – grounds (a), (aa), (b) and (c) of s84(1) of Law of Property Act 1925 – application refused [2015] UKUT 623 (LC) Bailii England and Wales Land Updated: 06 … Continue reading Snook and Another Re: 71 Cherry Tree Road: UTLC 20 Nov 2015

Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014

LRA Easements and Profits A Prendre : Interruption – shooting rights – profit a prendre in gross – grant of leasehold interest of profit for 80 years- application on a first registration to register profit – substantive registration of overriding interest – whether discontinuous lease for less than 7 years – right to buy back … Continue reading Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014

Keech and Another v Coleridge (Restrictive Covenants – Discharge or Modification): UTLC 1 Dec 2021

Discharge or modification – four covenants restricting use of land in cul-de-sac of single storey dwellings – planning consent for new double garage and replacement entrance drive on open garden land – whether part or all of three covenants obsolete – whether fourth covenant secures practical benefits of substantial value or advantage – s.84(1)(a), (aa) … Continue reading Keech and Another v Coleridge (Restrictive Covenants – Discharge or Modification): UTLC 1 Dec 2021

3 Aylmer Drive, Re: UTLC 29 Apr 2014

UTLC RESTRICTIVE COVENANT – modification – proposed erection of detached house in place of former lodge – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;75,000 – Law of Property Act 1925 s84(1)(aa) and (c) [2014] UKUT 153 (LC) Bailii England and Wales Land Updated: … Continue reading 3 Aylmer Drive, Re: UTLC 29 Apr 2014

Moskofian v Foster and Others (Restrictive Covenants – Modification): UTLC 21 Sep 2021

Modification – covenant restricting obstruction above boundary wall height – planning consent for conversion to seven flats including three storey rear extension and single storey outbuilding for cycle and refuse storage – whether covenant secures practical benefits of substantial value or advantage – s.84(1)(aa), Law of Property Act 1925 – application granted – compensation awarded … Continue reading Moskofian v Foster and Others (Restrictive Covenants – Modification): UTLC 21 Sep 2021

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) . .

Miller v Subhani: UTLC 30 Mar 2020

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 – . .