O’Callaghan and Another v Middleton and Others (Restrictive Covenants – Modification): UTLC 19 Mar 2020

RESTRICTIVE COVENANTS – MODIFICATION – covenant against alterations to new dwelling without consent of developer – covenantee refusing consent to enlargement of garage and creation of additional accommodation – application by original covenantor to modify or discharge covenant to permit enlargement – covenant imposed only three years before application – risk of breaches of other covenant if modification allowed – whether use reasonable – whether discretion should be exercised – s.84(1)(aa), (c), Law of Property Act 1925 – application refused
[2020] UKUT 77 (LC)
England and Wales

Updated: 28 April 2021; Ref: scu.649223