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:
Jurisdiction:
England and Wales
Cited by:
Cited – Blumenthal v The Church Commissioners for England CA 13-Dec-2004
The respondent argued that the power given to the Lands Tribunal by the section, did not extend to a power to vary a positive covenant.
Held: It could not be right to construe the obligation in the lease as a positive obligation rendering the . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 30 April 2022; Ref: scu.220272