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
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
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
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
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
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
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. Judges: Swinton Thomas, Waller, Chadwick LJJ Citations: [1998] 3 All ER 1014, [1998] EWCA Civ 1215 Links: Bailii Statutes: Law … Continue reading In the Matter of University of Westminster: CA 15 Jul 1998
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
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
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
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
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
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
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
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
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
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
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
RESTRICTIVE COVENANTS – modification – proposed house on garden land in cul-de-sac development – restrictions preventing this – held practical benefits but not of substantial value or advantage – pounds 500 compensation awarded to each of three objectors – Law of Property Act 1925 section 84(1) ground (aa) Citations: [2005] EWLands LP – 32 – … Continue reading Chojecki, Re: LT 29 Mar 2005
RESTRICTIVE COVENANT … discharge ( school site – restrictions on form of housing on redevelopment – held obsolete in part – whether maintenance of restrictions contrary to public interest – whether restrictions securing practical benefits of substantial value or advantage – whether injury – compensation of pounds 7,500 awarded in respect of one objection – … Continue reading Havering College of Further and Higher Education: LT 6 Oct 2006
LT RESTRICTIVE COVENANTS – discharge or modification – dwellinghouse – application to erect an additional bungalow in the grounds of existing bungalow – whether injury caused to adjoining owners – application refused – Law of Property Act 1925 s84(1)(c) Citations: [2009] EWLands LP – 17 – 2006 Links: Bailii Statutes: Law of Property Act 1925 … Continue reading Shire Barns Developments Llp, Re: Wealden Way: LT 4 Apr 2009
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 – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether modification would cause injury – application … Continue reading Burt, Re the Ridings: LT 21 Nov 2008
LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow -practical benefits of substantial value or advantage – outlook – overlooking – traffic – peace and quiet – precedent – integrity of estate – application refused – Law of Property Act 1925, s 84(1)(aa). Citations: [2008] EWLands LP – 40 – 2006 Links: Bailii … Continue reading Cordwell, Re: LT 7 May 2008
LT RESTRICTIVE COVENANT – modification – proposed detached house at entrance to exclusive cul-de-sac – practical benefits of substantial value or advantage – outlook – effect upon amenities – precedent – integrity of system of covenants – application refused – Law of Property Act 1925, ss 84(1)(aa) and (c). Citations: [2008] EWLands LP – 56 … Continue reading Tillotson, Re: 2 Middleton Drive: LT 6 Jun 2008
Judges: Lord Justice Lloyd Citations: [2012] EWCA Civ 1019 Links: Bailii Statutes: National Trust Act 1937 8, Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 15 July 2022; Ref: scu.463277
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. Citations: [2008] EWCA Civ 379 Links: Bailii Statutes: Law of Property Act 1925 84(1)(aa) Jurisdiction: England and Wales Land Updated: 14 … Continue reading Duffield and Another v Gandy: CA 17 Apr 2008
LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow – reasonable user – public interest – whether practical benefits secured – substantiality – effect of scheme – application refused – Law of Property Act 1925, s84(1)(aa), (b) and (c) Judges: Trott FRICS Citations: [2006] EWLands LP – 59 – 2004 Links: Bailii Statutes: … Continue reading Dobbin: LT 30 Aug 2006
LT RESTRICTIVE COVENANTS – proposal to modify occupancy restriction imposed by an agreement under section 52 of the Town and Country Planning Act 1971 – practical benefits of substantial value or advantage – implied agreement – application dismissed – Law of Property Act 1925, s84(1), grounds (aa), (b) and (c) Judges: Francis FRCS Citations: [2006] … Continue reading Dart JL: LT 8 Aug 2006
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
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
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
UTLC RESTRICTIVE COVENANT – modification – no objections – restriction prohibiting alterations etc without vendor’s approval of plans – whether obsolete – modification sought prohibiting alterations etc not in keeping with neighbourhood – held inappropriate to impose restriction that would present problems with implementation – application refused – Law of Property Act 1925 s 84(1) … Continue reading Flowers, Re 30 Burges Road: UTLC 2 Feb 2010
UTLC RESTRICTIVE 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
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
Appeal against refusal to discharge a restrictive covenant on land. Judges: Arden, Sales LJJ Citations: [2017] EWCA Civ 202 Links: Bailii Statutes: Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 24 March 2022; Ref: scu.581299
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
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
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
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 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
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
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 – 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
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
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 . .
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
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
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
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
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
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
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
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
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
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 – 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
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
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
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
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
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
RESTRICTIVE COVENANTS – modification – 1980s office building let on long lease – covenants restricting use to offices only and controlling terms of underletting – modification sought to permit conversion to residential use and letting on assured shorthold tenancies – Law of Property Act 1925 section 84(1) (aa) and (c) – modification of user covenant … Continue reading Shaviram Normandy Limited v Basingstoke and Deane Borough Council: UTLC 30 Aug 2019
RESTRICTIVE COVENANTS – discharge or modification – part of garden of dwelling house – prohibition on erecting any building – proposal to erect bungalow – whether restrictions securing practical benefits of substantial value or advantage – whether objectors’ failure to pursue objection to hearing implies consent – whether injury – covenant modified – Law of … Continue reading Gerrard, Re an Application: LT 10 Jan 2007
RESTRICTIVE COVENANT – restriction to dwellinghouses only on at least one quarter of an acre each – application to amend this limitation so as to permit use as residential home for the elderly – grounds (a) and (aa) – whether a covenant can be deemed partly obsolete – whether actual restriction partly obsolete – whether … Continue reading Azfar, Re: LT 30 Jul 2001
RESTRICTIVE COVENANT – discharge – dwellinghouse – prohibition on parking any boat, caravan, house on wheels or commercial vehicle – application dismissed – Law of Property Act 1925, s 84(1)(a)(aa)(b) and (c) Citations: [2006] EWLands LP – 34 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 06 August 2022; Ref: scu.242725
UTLC RESTRICTIVE COVENANTS -discharge or modification -dwellinghouse -covenants not to erect more than one dwellinghouse set back to building line -application to discharge or modify to permit two additional dwellinghouses -one objection -application refused -Law of Property Act 1925, S84(1)(a), (aa), (c). Citations: [2009] UKUT 131 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Pryor, Re 54 Nelmes Way: UTLC 15 Jul 2009
RESTRICTIVE COVENANT – discharge or modification – former chalet bungalow and clinic site – restriction to private dwelling house or professional use by medical practitioner or solicitor – proposal to erect building for worship and religious instruction – whether restriction obsolete – whether maintenance of restriction contrary to public interest – whether restriction securing practical … Continue reading Mahavir Foundation Ltd: LT 7 Dec 2006
RESTRICTIVE COVENANT – modification – use of shop for sale of alcohol – whether restriction obsolete – change in character of neighbourhood – whether practical benefits secured – application refused – Law of Property Act 1925, s84(1)(a) (aa) and (c) Citations: [2006] EWLands LP – 79 – 2004 Links: Bailii Statutes: Law of Property Act … Continue reading Morgan, Re: LT 18 Jul 2006
LT RESTRICTIVE COVENANT – modification – dwellinghouse – restriction preventing any permanent building or structure to be erected without seller’s consent – application to modify to permit erection of large garden shed – whether restriction obsolete – whether those entitled to benefit of restriction agreed to its modification – whether injury to objectors – application … Continue reading (Un-named): LT 15 Apr 2008
LT RESTRICTIVE COVENANT – modification – proposed development of two pairs of semi-detached houses – affordable housing for local needs – practical benefits of substantial value or advantage – privacy – peace and tranquillity – outlook – approach – compensation -application granted – Law of Property Act 1925, ss84(1)(aa) and (c). Citations: [2009] EWLands LP … Continue reading Land On the North West Side Of Ashes Lane, Re: LT 10 Mar 2009
LT RESTRICTIVE COVENANT – modification – restrictions limiting development on plot to one dwellinghouse and preventing building on specified part of site – application to amend to permit house in part of rear garden and to carry out building works on prohibited area – whether injury to objectors – Law of Property Act 1925, s.84(1) … Continue reading Turner and Another, Re: LT 7 Mar 2005
LT RESTRICTIVE COVENANTS – restrictions to single dwellinghouse and against developing part of site – application to discharge or modify the restrictions so as to permit development with additional house, part of which would encroach onto the prohibited area – whether practical benefits of substantial value or advantage secured by restrictions – whether any injury … Continue reading Joyce and Another, Re: LT 8 Dec 2003
RESTRICTIVE COVENANT – restriction to one dwelling house per plot – application to amend this limitation to permit erection on one plot of detached and two semi-detached houses, possibly as part of a larger development – not all proposed development site owned by applicant – whether proposed use reasonable – whether restriction obsolete – whether … Continue reading Hamden Homes Ltd, Re: LT 12 Dec 2001
LT RESTRICTIVE COVENANT – restriction to single storey dwelling – application to remove this limitation – proposed house – applicant the original covenantor – effect of possible refusal of planning permission for bungalow – changes in neighbourhood and property – benefits secured to objector – public interest – whether agreement to modify – injury to … Continue reading In re Farrow: LT 10 May 2001
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
RESTRICTIVE COVENANT – discharge or modification – leasehold flat in block of 31 flats – covenants against subletting and restricting user to lessee and his family – application refused – Law of Property Act 1925 s 84(1)(aa) Citations: [2012] UKUT 125 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 28 May 2022; Ref: scu.462567
RESTRICTIVE COVENANT – discharge – modification – covenants restricting residential redevelopment of dwellings and outbuildings forming part of grounds of listed house – benefit personal to covenantee and his family – sale of majority of benefited land to third party – whether covenants obsolete in respect of retained land under ground (a) – grounds (aa) … Continue reading Coombes, Re: Brainshaugh House: UTLC 12 Jun 2012
UTLC RESTRICTIVE COVENANT – modification – dwellinghouse – proposal to extend well in front of building line – application refused – Law of Property Act 1925 s84(1)(a), (aa), (b) and c) Citations: [2012] UKUT 6 (LC) Links: Bailii Statutes: Law of Property Act 1925 8491)(a) Jurisdiction: England and Wales Land Updated: 26 May 2022; Ref: … Continue reading Coldman, Re 133 Richmond Road: UTLC 20 Feb 2012
RESTRICTIVE COVENANT – discharge – modification – proposed development of 10 flats to replace single house – whether covenants obsolete – changes to the character of the neighbourhood – whether similar covenants elsewhere on estate no longer enforceable – thin end of the wedge argument – reasonable user – whether public interest in the development … Continue reading King, Re 64 Buxton Road: UTLC 6 Feb 2012
RESTRICTIVE COVENANT – modification – leasehold interest – holiday chalet park – restriction in leases of chalets – use restricted to 10 months of year – chalet lessees seeking modification to permit 12-month use – lessors objecting – application refused – Law of Property Act 1925 s 84(1)(a), (aa) and (c) Citations: [2011] UKUT 346 … Continue reading Phillips and Others, Re: Holiday Chalets At Point Curlew: UTLC 5 Sep 2011
UTLC RESTRICTIVE 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
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
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
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
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
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
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
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