Restrictive covenant
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Re Cook and another’s application
Restrictive covenant Discharge or modification
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Re Cook and another’s application
Restrictive covenant – Discharge or modification – Law of Property Act 1925 – Covenant against making alterations to residential property save with consent of “the Vendor” – Application to discharge…
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When will the court grant an interim injunction to restrain a potential breach of a restrictive covenant?
Subterranean development has become very popular in London. However, the noise and disturbance caused by construction work and concerns about the effect on the structural stability of buildings nearby have…
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Restrictions on user, which a landlord was seeking to impose, were anti-competitive and unlawful.
The Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 subjects land agreements to the rules in Chapter I of the Competition Act 1998.
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Swindells v Green
Restrictive covenant Discharge or modification
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Swindells v Green
Restrictive covenant – Discharge or modification – Section 84(1)(a) of Law of Property Act 1925 – Covenant prohibiting use of applicant’s land other than as means of access to former…
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Re Morningside (Leicester) Ltd’s application
Restrictive covenants – Discharge – Section 84(1)(a) and (c) of Law of Property Ac 1925 – Applicant’s property affected by restrictive covenants limiting use to private residence and imposing building…
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Re Morningside (Leicester) Ltd’s application
Restrictive covenant Discharge
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“Without prejudice” negotiations for the release of covenants had not resulted in an agreement that the restrictions would be released
The owners of land burdened by restrictive covenants can apply to the Lands Chamber of the Upper Tribunal for an order modifying or discharging the covenants.
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Wilful breaches of restrictive covenants did not prevent a tribunal from modifying the restrictions in favour of the trustees of a religious charity
Not so very long ago, the Lands Chamber of the Upper Tribunal suggested that it might be disinclined to modify or discharge restrictive covenants where landowners have deliberately disregarded their…
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Buy-to-let investors should beware of user covenants requiring premises to be used by, or for, the tenant and his family
If a tenant agrees to use a flat as a private dwelling for himself and his family, and for no other purpose, does that preclude him from subletting the flat…
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A demand for a ransom payment for discharging restrictive covenants backfires
The owner of land burdened by restrictive covenants can apply to the Lands Chamber of the Upper Tribunal for the covenants to be modified or discharged on the ground -…