Parkinson, Re: LT 16 Dec 2005

RESTRICTIVE COVENANT – discharge – restriction limiting development upon land to the rear of dwellinghouses – application for discharge to permit the construction of two residential dwellings – whether restriction obsolete – whether those benefiting from the restrictions have agreed expressly or by implication to the discharge – whether discharge would injure those entitled to benefit – Law of Property Act 1925 s.84(1)(a), (b) and (c) – application dismissed

Citations:

[2005] EWLands LP – 62 – 2004

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 17 August 2022; Ref: scu.239347