Restrictive Covenant – Modification : Costs – – garden land with planning consent for additional residential dwelling – restriction preventing construction of more than one house per plot – building scheme – whether covenant secures practical benefits of substantial value or advantage – held it did not – exercise of discretion – application under ground … Continue reading Drummond and Another v Bastow and Others Re Cedar Lawn: UTLC 9 Mar 2018

UTLC RESTRICTIVE COVENANT – modification – building scheme – proposed development of dormer bungalow – whether a precedent for similar development elsewhere on estate – density and layout – whether practical benefits of substantial value or advantage to objectors – application refused – Law of Property Act 1925 s84(1)(aa) Citations: [2013] UKUT 34 (LC) Links: … Continue reading Walsh and Another, Re Bowen Road: UTLC 13 Feb 2013

UTLC RESTRICTIVE COVENANT – modification – covenant in 1870 Deed Poll restricting estate development to two dwellings per plot – proposal to erect additional house on part of two of the original plots – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – whether … Continue reading Hoyle and Another, Re Land At Woodlands: UTLC 21 Nov 2011

LT RESTRICTIVE COVENANTS – modification – dwelling houses – restrictions preventing erection of more than one dwelling house on each of two adjoining plots – application to modify to permit not more than two additional dwellings in existing rear gardens – whether restrictions secured practical benefits of substantial value or advantage – whether modification would … Continue reading Davies, Re an Application: LT 13 Aug 2008

UTAA RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to make alterations and additions without adjoining owner’s approval – application to modify to permit alterations to existing house – Law of Property Act 1925, s84(1)(aa) and (c). Judges: N J Rose FRICS Citations: [2010] UKUT 16 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Walker, Re Priddeons: UTLC 27 Jan 2010

The claimants appealed against refusal by the lands tribunal to vary a restrictive covenant saying that the covenant against building no longer secured any substantial practical benefit to the neighbour. Held: The appeal failed. Citations: [2008] EWCA Civ 379 Links: Bailii Statutes: Law of Property Act 1925 84(1)(aa) Jurisdiction: England and Wales Land Updated: 14 … Continue reading Duffield and Another v Gandy: CA 17 Apr 2008

LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow – reasonable user – public interest – whether practical benefits secured – substantiality – effect of scheme – application refused – Law of Property Act 1925, s84(1)(aa), (b) and (c) Judges: Trott FRICS Citations: [2006] EWLands LP – 59 – 2004 Links: Bailii Statutes: … Continue reading Dobbin: LT 30 Aug 2006

UTLC RESTRICTIVE COVENANTS – modification – covenant restricting development to one dwelling per plot – building scheme – proposal to erect two additional dwellinghouses upon part of the rear gardens of 3 properties – whether practical benefits of substantial value or advantage secured by the restrictions – application refused – Law of Property Act 1925, … Continue reading GR and AL Developments Ltd, Re: UTLC 20 Nov 2009

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

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

LT RESTRICTIVE COVENANT – discharge or modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify or discharge to permit retention of existing house and . .

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

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 – … Continue reading Perkins and Another, Re 87 Peplins Way: UTLC 25 Oct 2012

RESTRICTIVE COVENANTS – MODIFICATION – restriction to one dwellinghouse per plot on small estate – modification sought to permit one additional house on largest plot – whether restriction secured practical benefit of substantial value or advantage – whether modification would set a damaging precedent – whether compensation payable for short term disruption caused by building … Continue reading Martin v Lipton and Others (Restrictive Covenants – Modification): UTLC 14 Jan 2020

Restrictive Covenants – Discharge – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925 Citations: [2019] UKUT 335 … Continue reading Payne v Maldon District Council: UTLC 5 Nov 2019

UTLC RESTRICTIVE COVENANT – modification – addition of first floor above garage in Hampstead Garden Suburb – effect on character of area – policy guidance – precedent – weight to be given to local planning authority approval – whether power to prevent development a practical benefit of substantial advantage to trust – held that it … Continue reading Zenios and Another, Re Ingram Avenue: UTLC 26 Jul 2010

UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached house adjoining boundary of objector’s property – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;6,875 – Law of Property Act 1925 s84(1)(aa) and (c) Judges: Trott FRICS Citations: [2010] UKUT 206 (LC) Links: … Continue reading High Street Winterbourne, Re: UTLC 24 Jun 2010

LT RESTRICTIVE COVENANT – modification – proposed development of two pairs of semi-detached houses – affordable housing for local needs – practical benefits of substantial value or advantage – privacy – peace and tranquillity – outlook – approach – compensation -application granted – Law of Property Act 1925, ss84(1)(aa) and (c). Citations: [2009] EWLands LP … Continue reading Land On the North West Side Of Ashes Lane, Re: LT 10 Mar 2009

LT RESTRICTIVE COVENANTS – restrictions to single dwellinghouse and against developing part of site – application to discharge or modify the restrictions so as to permit development with additional house, part of which would encroach onto the prohibited area – whether practical benefits of substantial value or advantage secured by restrictions – whether any injury … Continue reading Joyce and Another, Re: LT 8 Dec 2003

RESTRICTIVE COVENANTS – modification – additional house – whether covenants secure practical benefits of substantial value or advantage – loss of open aspect – loss of light – overbearing development – diminished outlook – disturbance – reduction in open market value of objectors’ houses – s84(1)(aa) Law of property Act 1925 – application refused Citations: … Continue reading Fogg, Re The Cobbles: UTLC 17 Apr 2018

RESTRICTIVE COVENANT – discharge or modification – leasehold flat in block of 31 flats – covenants against subletting and restricting user to lessee and his family – application refused – Law of Property Act 1925 s 84(1)(aa) Citations: [2012] UKUT 125 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 28 May 2022; Ref: scu.462567

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

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

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

RESTRICTIVE COVENANTS – modification – covenants restricting building to single storey dwelling house – planning permissions for two/three storey modern house – whether covenants secure practical benefits of substantial value or advantage – . .