Restrictive covenant
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Re: Barter’s Application
Restrictive covenant Modification or discharge
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Re: Barter’s Application
Sale of land – Restrictive covenant – Modification or Discharge – Original covenantor applying to discharge restrictive covenant of recent origin – Local authority covenantee not consenting but choosing not…
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If the benefit of restrictions has not passed, restrictive covenants will be unenforceable
The benefit of a restrictive covenant that touches and concerns land belonging to the covenantee may run in equity in one of three ways: by an unbroken chain of equitable…
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Doberman and another v Watson and others
Restrictive covenant – Benefit – Building scheme – Successors in title – Conveyance of properties containing covenant restricting building to one private dwelling-house – Claimant owner wishing to develop land…
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Hennessey v Kent
Restrictive covenant Modification
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Hennessey v Kent
Restrictive covenant – Modification – Density restriction – Consent restriction – Application land being subject to restrictive covenant in favour of objector prohibiting erection of more than single dwelling house…
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Derreb Ltd v Blackheath Cator Estate Residents Ltd
Restrictive covenant – Discharge – Modification – Section 84 of Law of Property Act 1925 – Restriction limiting use of land to use for sports ground or erection of detached…
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Derreb Ltd v Blackheath Cator Estate Residents Ltd
Restrictive covenant – Discharge – Modification – Section 84 of Law of Property Act 1925 – Restriction limiting use of land to use for sports ground or erection of detached…
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The Upper Tribunal had modified covenants that impeded a reasonable user of land without securing the desired practical benefits to the objectors
Section 84(1) of the Law of Property Act 1925 empowers tribunals to discharge or modify restrictive covenants. Ground (aa) applies where a restriction impedes some reasonable use of land and…
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A longstanding, but low level, breach of covenant did not entitle the covenant breaker to make matters worse.
Section 84 of the Law of Property Act 1925 empowers tribunals to discharge or modify restrictive covenants. Re University of Chester’s Application [2016] UKUT 457 (LC); [2016] PLSCS 299 concerned…
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Re Surana’s Application
Restrictive covenant Modification
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Re Surana’s Application
Restrictive covenant – Discharge or modification – Building scheme – Section 84(1) of Law of Property Act 1925 – Application land being designated as close with access to all residents…