Felton Homes Ltd, Re Law of Property Act 1925: LT 2 Dec 2004

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 – whether restriction obsolete – whether grant of application would result in break-down in system of covenants – Law of Property Act 1925, s.84(1)(a)(aa)(c).

Citations:

[2004] EWLands LP – 3 – 2003

Links:

Bailii

Statutes:

Law of Property Act 1925 84(1)(a)(aa)(c)

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225827