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
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 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
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
