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
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 – 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 – 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
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 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
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 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
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
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 – 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 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
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 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 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
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
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 – 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
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
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
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
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 . .
RESTRICTIVE COVENANTS – DISCHARGE – OBSOLETENESS – Law of Property Act 1925, s. 84(1)(a) – Restriction against building or alterations without prior approval of plans and specifications by the vendors’ surveyor – Whether covenant obsolete following . .
