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 to original Vendor’s successors in title – if consent of original Vendor only required, whether restrictions absolute or obsolete following her death – whether changes in character of neighbourhood rendered restrictions obsolete – whether restrictions secured practical benefits of substantial value or advantage – whether discharge or modification would cause injury – amount of compensation payable in event of discharge or modification – application for discharge granted – held restrictions obsolete – Law of Property Act 1925 s84(1)(a),(aa) and (a)

[2014] UKUT 528 (LC)
Law of Property Act 1925 84(1)(a) 84(1)(aa)
England and Wales


Updated: 04 January 2022; Ref: scu.552348