Rae, Re 12 Park View (Restrictive Covenants : Modification): UTLC 13 Dec 2016

UTLC Prohibition of more than one house on plot – planning permission for second house – whether covenant obsolete – held that it was not – application under grounds (a) and (c) refused – whether covenant secured practical benefits of substantial value or advantage – held that it did not – application under ground (aa) granted, subject to payment of compensation of andpound;5,000 and andpound;2,500 to immediately adjoining objectors – condition attached to modification to prevent removal of screening hedges

Citations:

[2016] UKUT 552 (LC)

Links:

Bailii

Statutes:

Law of Property Act 1925 84

Jurisdiction:

England and Wales

Land

Updated: 29 January 2022; Ref: scu.573883