Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

UTLC RESTRICTIVE COVENANT – discharge or modification – former hospital – covenant relating to small part of hospital building and other land prohibiting erection of any buildings within 20 feet of adjoining footpath – application to discharge or to modify to permit erection of two flats as part of proposed refurbishment of entire hospital to form 21 flats and 4 houses – whether restriction obsolete – whether restriction secured practical benefits of substantial value or advantage to objector the owner of neighbouring woodland – whether proposed discharge or modification would cause injury to objector – held covenant not obsolete but grounds (aa) and (c) made out – application for discharge refused, application for modification granted – Law of Property Act 1925 s84(1)(a), (aa) and (c).

N J Rose
[2011] UKUT 141 (LC)
Law of Property Act 1925 84(1)(a)
England and Wales


Updated: 01 November 2021; Ref: scu.440784