Perkins and Another, Re 87 Peplins Way: UTLC 25 Oct 2012

UTLC RESTRICTIVE COVENANT – modification – covenant restricting development to one dwelling per plot – proposal to erect additional house within grounds of existing property – objectors’ entitlement to benefit – whether Building Scheme – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – whether modification would cause injury – application refused – Law of Property Act 1925, section 84(1)(aa) and (c)
PR Francis FRICS
[2012] UKUT 300 (LC)
Law of Property Act 1925 84(1(aa) 84(1)(c)
England and Wales
CitedIn re Dolphin’s Conveyance ChD 1970
The court considered whether a building scheme had been established so as to allow the mutual enforcability of restrictive covenants. A particular question arose as to the extent of the scheme involved.
Held: A building scheme was established. . .

These lists may be incomplete.
Updated: 23 April 2021; Ref: scu.466656