(Jamaica) It could be a proper argument that the first relaxation of a restrictive covenant was merely the thin end of the wedge and it may be sufficient to reject the application though there was no immediate detriment to dominant land.
Judges:
Lord Hoffmann, Lord Mustill, Lord Cooke of Thorndon, Lord Hutton, Sir John Balcombe
Citations:
Times 29-Aug-1998, [1998] UKPC 34, [1999] 1 AC 142, [1998] 3 WLR 971
Links:
Jurisdiction:
England and Wales
Citing:
Adopted – Re Snaith and Dolding’s Application LT 1995
The applicants sought modification of a covenant, to enable them to build a second house on a single plot within a building scheme.
Held: ‘The position of the Tribunal is clear. Any application under section 84(1) must be determined upon the . .
Cited by:
Cited – Shephard and others v Turner and Another CA 23-Jan-2006
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 June 2022; Ref: scu.159316
