Application to register the burden of a restrictive covenant. Applicant had bought a house built on the site of a redundant factory and adjoining a brown field site. The developer had purchased the factory site from Respondent’s predecessor in title, who also owned the brown field site. Respondent’s predecessor had covenanted with the developer on the sale of the factory site not to use the brown field site otherwise than as a public open space. Respondent’s predecessor had also entered into a s. 106 Agreement to maintain the brown field site as public open space. After the development of the factory site was complete, the brown field site was sold to Respondent, who put up fences and prevented public access. The local authority was refusing to enforce the s. 106 Agreement. Respondent argued that it was not a mistake for the burden of the covenant not to have been registered. There has been a change in the terms of the Land Registration Rules as to protection of restrictive covenants since the covenant was entered into. HELD that there was a mistake on the register but Respondent was entitled to protection as a registered proprietor in possession. The register was not rectified.
Citations:
[2018] UKFTT 319 (PC)
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 30 May 2022; Ref: scu.623662
