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James Hall and Company (Property) Ltd v Maughan and Others, Re The Aclet (Restrictive Covenants): UTLC 8 Jun 2017

RESTRICTIVE COVENANTS – Discharge – pub on housing estate – restriction on use to hotelier and licensed victualler – objectors seeking to keep pub open – possibility of pub closing – held that the restriction does not secure practical benefits to the objectors – Tribunal’s discretion to modify – application allowed – Law of Property … Continue reading James Hall and Company (Property) Ltd v Maughan and Others, Re The Aclet (Restrictive Covenants): UTLC 8 Jun 2017

Williams, Re Leazes Terrace: UTLC 23 Aug 2017

UTLC RESTRICTIVE COVENANTS – discharge – modification – proposed development of chalet bungalow on garden land surrounded by houses – whether reasonable user – whether practical benefits of substantial value or advantage – whether exceptional disruption likely due to construction works – application refused – section 84(1)(aa) and (c) Law of Property Act 1925 . … Continue reading Williams, Re Leazes Terrace: UTLC 23 Aug 2017

Pearce v Connelly and Others: UTLC 9 Feb 2017

UTLC RESTRICTIVE COVENANTS – modification – garden land with planning consent for residential dwelling – restriction preventing construction of more than one house – whether covenant secures practical benefits of substantial value or advantage – held it did not – application under ground (aa) allowed – Law of Property Act 1925 s.84(1)(aa) Citations: [2017] UKUT … Continue reading Pearce v Connelly and Others: UTLC 9 Feb 2017

Davie and Another, Re: 15 Arun Vale: UTLC 18 Oct 2016

UTLC RESTRICTIVE COVENANTS – discharge – modification – proposed erection of low brick wall – covenant prohibiting erection of wall or fence – whether covenants secure practical benefits of substantial value or advantage – whether injury caused to persons entitled to benefit of restrictions – application dismissed – Law of Property Act 1925 s.84(1)(aa), (c) … Continue reading Davie and Another, Re: 15 Arun Vale: UTLC 18 Oct 2016

The Trustees of The Green Masjid and Madrasah Re Yardley Wood Road: UTLC 6 Aug 2013

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

Tate and Another Re: Dunston West Farm: UTLC 25 Jun 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

Dobbin: LT 30 Aug 2006

LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow – reasonable user – public interest – whether practical benefits secured – substantiality – effect of scheme – application refused – . .

Cross v Coach House Mews (Highbury) Ltd (Restrictive Covenants – Modification – Covenants Restricting Extensions or External Alterations): UTLC 27 Jan 2022

RESTRICTIVE COVENANTS – modification – covenants restricting extensions or external alterations – planning permission for extension – whether covenants secure practical benefits of substantial value or advantage – s.84(1)(aa) and (c), Law of Property Act 1925 – application dismissed Citations: [2022] UKUT 20 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 16 April 2022; … Continue reading Cross v Coach House Mews (Highbury) Ltd (Restrictive Covenants – Modification – Covenants Restricting Extensions or External Alterations): UTLC 27 Jan 2022

Pendennis Shipyard (Holdings) Ltd and Another v A and P Falmouth Ltd and Others Re: Falmouth Dockyard: UTLC 24 Nov 2017

UTLC RESTRICTIVE COVENANTS – Modification – Falmouth Dockyard – Application to modify restrictions so as to align covenants with those on adjoining land owned by the applicants and to allow work on commercial and military craft – potential for effect on objectors’ businesses – whether objectors enjoy practical benefits of substantial value or advantage – … Continue reading Pendennis Shipyard (Holdings) Ltd and Another v A and P Falmouth Ltd and Others Re: Falmouth Dockyard: UTLC 24 Nov 2017

Hennessey v Kent, Re High View, Church Street: UTLC 23 Aug 2017

RESTRICTIVE COVENANT – modification – consent restriction – replacement house built without objector’s prior approval – density restriction – whether practical benefits of substantial value or advantage – effect of proposed new houses on the view from objector’s property – applicant planting Leylandii trees to obstruct view – exercise of discretion – application allowed under … Continue reading Hennessey v Kent, Re High View, Church Street: UTLC 23 Aug 2017

Dean and Another, Re The Leasow, 4 River View Close: UTLC 15 May 2017

Restrictive Covenants : Modification – restriction preventing construction of more than one house per plot – land with planning consent for an additional dwelling adjacent to existing house — whether proposed user reasonable – whether covenant secures practical benefits of substantial value or advantage to the objectors – ‘thin-end-of-the-wedge’ – whether injury to objectors – … Continue reading Dean and Another, Re The Leasow, 4 River View Close: UTLC 15 May 2017

Creebray Ltd v Deninson and Another: UTLC 11 Sep 2020

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

Millgate Developments Ltd and Another v Smith and Another, Re: Exchange House, Woodlands Park Avenue, Maidenhead: UTLC 21 Nov 2016

UTLC RESTRICTIVE COVENANTS – Modification – land in green belt subject to restriction to be used only for parking vehicles – 13 affordable housing units built prior to application and in the face of objections – adjoining land with benefit of covenant being developed as children’s hospice – whether modification appropriate – practical benefits of … Continue reading Millgate Developments Ltd and Another v Smith and Another, Re: Exchange House, Woodlands Park Avenue, Maidenhead: UTLC 21 Nov 2016

University of Chester, Re: Land at Sandy Lane: UTLC 18 Oct 2016

UTLC RESTRICTIVE COVENANT – Modification – dilapidated university boathouse – planning permission for larger new community rowing facility – prohibition on trade or business – use restricted to gardens or pleasure grounds – height restriction – whether covenants obsolete – whether covenants secure practical benefits of substantial value or advantage – whether restriction contrary to … Continue reading University of Chester, Re: Land at Sandy Lane: UTLC 18 Oct 2016

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

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

3 Aylmer Drive, Re: UTLC 29 Apr 2014

UTLC RESTRICTIVE COVENANT – modification – proposed erection of detached house in place of former lodge – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;75,000 – Law of Property Act 1925 s84(1)(aa) and (c) [2014] UKUT 153 (LC) Bailii England and Wales Land Updated: … Continue reading 3 Aylmer Drive, Re: UTLC 29 Apr 2014

Moskofian v Foster and Others (Restrictive Covenants – Modification): UTLC 21 Sep 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