There was a covenant that the premises should not ‘be used for any art trade or business or profession whatsoever . . ‘ but should be ‘kept and used only for the purposes of the Grosvenor Housing Scheme as dwellings for the working classes . . ‘. Held: A term in a restrictive covenant was … Continue reading Westminster City Council v Duke of Westminster: ChD 1991

Citations: [2018] EWHC 4018 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 06 April 2022; Ref: scu.655441

The correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925. Citations: [2020] UKSC 45 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Citing: Appeal … Continue reading Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd: SC 6 Nov 2020

Appeal from grant of permission for modification of restrictive covenants on land. Judges: Underhill, Sales, Moylan LJJ Citations: [2018] EWCA Civ 2679, [2019] JPL 471, [2019] 2 P and CR 2, [2019] 1 WLR 2729, [2018] WLR(D) 733 Links: Bailii, WLRD Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Cited by: Appeal … Continue reading The Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd and Others: CA 28 Nov 2018

Restrictive Covenants : Discharge and Modification – practical benefits of substantial value or advantage – building line – effect of proposed house upon outlook, overlooking, privacy, security and overshadowing – effect and significance of screening beech hedge – application refused – Law of Property Act 1925 section 84(1)(aa) and (c) Citations: [2020] UKUT 262 (LC) … Continue reading Creebray Ltd v Deninson and Another: UTLC 11 Sep 2020

The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the claimants. Held: There was not only an intention to create a building scheme but also a clearly … Continue reading Turner and Another v Pryce and others: ChD 9 Jan 2008

UTLC RESTRICTIVE COVENANT – modification – building scheme – land originally designated a close to which all residents would have access – prohibition on building and uses other than garden or recreation ground for residents – land sold in 1952 and since used as private garden with no access for residents – history of objections … Continue reading Surana, Re Land Adjoining 21 Icklingham Road: UTLC 30 Aug 2016

Renewed oral application for permission to appeal against the refusal of the Upper Tribunal (Lands Chamber) (Mr P R Francis FRICS) to vary or discharge a restrictive covenant under section 84(1) of the Law of Property Act 1925 as amended. David Richards LJ [2016] EWCA Civ 674 Bailii Law of Property Act 1925 84(1) England … Continue reading Roland Stafford Flowers v Linstone Chine Management Company Ltd: CA 4 May 2016

UTLC RESTRICTIVE COVENANTS – modification – proposed extension to house by addition of a third storey – building scheme – whether substantial effect on amenity of contiguous landowners on the estate – residents association – whether application if granted represents thin end of the wedge – character and ethos of the estate – whether temporary … Continue reading Hussain, Re 23 Bartlett Close: UTLC 4 Jul 2016

Except where a right claimed is continuous and apparent, there must be diversity of ownership or occupation prior to the conveyance for section 62 (1) to apply. [1923] 2 Ch 177 Law of Property Act 1925 62(1) England and Wales Cited by: Cited – Sovmots Investments Ltd v Secretary of State for the Environment HL … Continue reading Long v Gowlett: 1923

UTLC RESTRICTIVE COVENANT – JURISDICTION – leasehold covenants – registered lease – whether deed of variation caused a surrender and re-grant – less than 25 years since variation – s.84(12), Law of Property Act 1925 – s.58, Land Registration Act 2002 – covenant ‘to use and occupy . . solely and exclusively as a self-contained … Continue reading Stevens v Ismail: UTLC 4 Feb 2016

UTLC RESTRICTIVE COVENANT – discharge – modification – restriction to one single dwellinghouse – proposed development of second house in garden – lack of planning permission – grounds (a), (aa), (b) and (c) of s84(1) of Law of Property Act 1925 – application refused [2015] UKUT 623 (LC) Bailii England and Wales Land Updated: 06 … Continue reading Snook and Another Re: 71 Cherry Tree Road: UTLC 20 Nov 2015

UTLC RESTRICTIVE COVENANTS – discharge – modification – restriction to one single storey bungalow – proposed development as a house – loss of view – overlooking – outlook – grounds (a) and (aa) of s84 of Law of Property Act 1925 – application refused [2015] UKUT 564 (LC) Bailii Law of Property Act 1925 84 … Continue reading Hawkins Re: Walnut Acre: UTLC 3 Nov 2015

UTLC RESTRICTIVE COVENANT – discharge – modification – proposed development of second house on application land – whether restrictions obsolete under ground (a) – change of character of neighbourhood – grounds (aa) and (c) – whether compensation payable to original covenantee under section 84(1)(ii) – application to modify covenants granted under ground (aa) – Law … Continue reading Laav Re 146 Burges Road: UTLC 10 Sep 2015

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 … Continue reading Cook and Another Re: 21 Shawfield Park: UTLC 19 Dec 2014

The claimant had bought land it wished to develop. The defendant owners of neighbouring land said that they had the benefit of restrictive covenants whch would restrict such development. Behrens HHJ [2015] EWHC 808 (Ch) Bailii Law of Property Act 1925 84(2) England and Wales Citing: See Also – Birdlip Ltd v Hunter and Another … Continue reading Birdlip Ltd v Hunter and Another: ChD 24 Mar 2015

UTLC RESTRICTIVE COVENANT – discharge – estate comprising 278 holiday bungalows – occupation restriction on 74 days of the year – applicant seeking discharge to allow all year round occupation and removal of holiday use restriction – obsolescence – practical benefits of substantial value or advantage – public interest – injury – application refused – … Continue reading Stafford-Flowers, Re: 182 Brambles Chine Estate: UTLC 3 Mar 2015

This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). That turns on the question whether there is anyone who can now claim … Continue reading Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021

UTLC RESTRICTIVE COVENANT – discharge – enclosure of amenity land into private gardens – easement – application under grounds (a), (aa), (b) and (c), s84(1) Law of Property Act 1925 – application refused. [2015] UKUT 44 (LC) Bailii Law of Property Act 1925 84 England and Wales Land Updated: 27 December 2021; Ref: scu.542515

Benefit of Covenant Ran with Land In 1938, landowners and the Catchment Board agreed that the Board would make good and maintain the banks of a stream, with the landowners contributing to the cost. The agreement was not said to be for the benefit of the landowner’s successors in title. In 1940, the first plaintiff … Continue reading Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board: CA 1949

Section 79 of the Law of Property Act (relating to the burden of covenants) achieved no more than the introduction of statutory shorthand into the drafting of covenants. It does does not have the effect of causing covenants to run with the land Lord Upjohn and Lord Wilberforce [1967] 1 AC 50 Law of Property … Continue reading Tophams Ltd v Earl of Sefton: HL 1967

The Court was asked whether a covenant had been attached to the land. Held: the effect of a 1922 conveyance was to annex the benefit of the covenant to land of the vendor and his tenants adjoining or near the Rec. That meant that Mr White and 77 GPS were each entitled to the benefit … Continue reading Bath Rugby Ltd v Greenwood and Others (PRE-1926 Restrictive Covenants Affecting Land): ChD 13 Oct 2020

Land was laid out in individual lots and sold off in a standard form requiring that no building should be erected other than one private dwelling house and that plans should be submitted for approval. The defendants purchased one lot and wished to erect an additional house in contravention of the restriction. The plaintiffs owned … Continue reading Roake and others v Chadha and another: QBD 1984

The parties disputed the effect of a conveyance of land from 1985 and an associated deed of variation. The variation added an easement which was argued by the purchaser to have attached to the land, and was said by the vendor to have been personal only. Held: The appeal was dismissed. The judge had correctly … Continue reading Allied London Industrial Properties Limited v Castleguard Properties Limited: CA 24 Jul 1997

A greenhouse was not an ‘erection’ within section 62(1). Megaw LJ noted that it was customary to move the greenhouse every few years, Megaw LJ [1969] CLY 3040 Law of Property Act 1925 62(1) England and Wales Cited by: Cited – Elitestone Ltd v Morris and Another HL 1-May-1997 The plaintiff acquired land on which … Continue reading H E Dibble v Moore: CA 1969

The claimants sought a declaration that they had two rights of way over a neighbour’s land. One was claimed by continuous use for twenty years, and the second was said to have been implied under the 1925 Act. No express grant was suggested. Silber J [2006] EWHC 3109 (Ch), [2007] 3 All ER 543, [2008] … Continue reading Odey and Others v Barber: ChD 29 Nov 2006

Discharge or modification – four covenants restricting use of land in cul-de-sac of single storey dwellings – planning consent for new double garage and replacement entrance drive on open garden land – whether part or all of three covenants obsolete – whether fourth covenant secures practical benefits of substantial value or advantage – s.84(1)(a), (aa) … Continue reading Keech and Another v Coleridge (Restrictive Covenants – Discharge or Modification): UTLC 1 Dec 2021

Modification – covenant restricting obstruction above boundary wall height – planning consent for conversion to seven flats including three storey rear extension and single storey outbuilding for cycle and refuse storage – whether covenant secures practical benefits of substantial value or advantage – s.84(1)(aa), Law of Property Act 1925 – application granted – compensation awarded … Continue reading Moskofian v Foster and Others (Restrictive Covenants – Modification): UTLC 21 Sep 2021

UTLC RESTRICTIVE COVENANT – 1864 and 1881 restrictive covenants – use as private dwellinghouse only and imposition of building lines – uncontested breach as a doctor’s surgery – no breach of building lines – application to discharge 1864 covenant under ground (a) allowed in part – application to discharge remainder of 1864 covenant under ground … Continue reading Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

RESTRICTIVE COVENANT – modification – proposed mosque and madrasah – whether objector acting as a custodian of the public interest or as a landowner of adjoining and adjacent land – whether substantial practical benefits – traffic, parking, noise – breach – whether discretion should be exercised to refuse application – application granted subject to acceptance … Continue reading The Trustees of The Green Masjid and Madrasah Re Yardley Wood Road: UTLC 6 Aug 2013

Where a conveyance did not expressly include an adjoining road, there was no statutory presumption which would lead to its inclusion. Held: The section referred to incorporeal rights, easements and similar, and not to land itself. The Act did not operate so as to include the roadway. The Berridge case referred to cases where the … Continue reading Commission for New Towns and Another v JJ Gallagher Ltd: ChD 16 Dec 2002

A lease contained an option to renew. Both the lease and the reversion were assigned for value. The assignee of the lease exercised the option and a new lease and counterpart were engrossed. The tenant executed the counterpart. The assignee of the reversion, a company, sealed the lease, but then sought to avoid granting the … Continue reading Beesly v Hallwood Estates Ltd: 1960

UTLC RESTRICTIVE COVENANT – discharge or modification – redundant farm buildings – covenant not to use other than for agricultural use or as a riding school and livery stable – application to discharge or modify to permit erection of detached dwelling house and conversion of existing buildings to provide three dwelling houses – objection by … Continue reading Tate and Another Re: Dunston West Farm: UTLC 25 Jun 2013

The court considered the exceptions to the rule that a right in fact enjoyed with property will pass on a conveyance of the property by virtue of the grant to be read into the conveyance by virtue of section 62. One exception was if the right was not capable of existing as an easement: ‘A … Continue reading Wright v Macadam: KBD 1949