Restrictive covenant
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Birdlip Ltd v Hunter and another
Restrictive covenants Building scheme
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Birdlip Ltd v Hunter and another
Restrictive covenants – Building scheme – Successors in title – Appellant and respondents owing adjoining properties – Conveyances of appellant’s property containing restrictive covenants – Whether respondents entitled to enforce…
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The personal representatives of a covenantee were not entitled to release restrictive covenants that he had imposed
Restrictive covenants are widely used to impose private restrictions on the use and development of land – and they bind the land affected by them in perpetuity.
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Derreb Ltd v White and another
Restrictive covenant Discharge or modification
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Derreb Ltd v White and another
Restrictive covenant – Discharge or modification – Objections – Appellant owned property on estate formerly subject to trust – Property affected by restrictive covenant contained in 1956 conveyance – Appellant…
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Re Snook and another’s application
Restrictive covenant Discharge or modification
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Re Snook and another’s application
Restrictive covenant – Discharge or modification – Restriction prohibiting construction of more than one house on plot – Applicants applying for discharge or modification to enable construction of second house…
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The discharge of a covenant would be the thin end of the wedge, even though it was unlikely to have an instant effect upon the overall character of a site
Any party interested in land benefited or burdened by a restrictive covenant can apply for a covenant to be modified or discharged: section 84(1) Law of Property Act 1925.
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Re Stafford-Flowers’ application
Restrictive covenant Discharge or modification
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Re Stafford-Flowers’ application
Restrictive covenant – Discharge or modification – Holiday bungalow on estate – Restrictive covenant prohibiting occupation during restricted periods amounting to 74 days per year – Application to discharge covenant…
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Re Clarke and others’ application
Restrictive covenant Discharge or modification
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Re Clarke and others’ application
Restrictive covenants – Discharge or modification – Law of Property Act 1925 – Applicants having right to use amenity land in common with other householders on residential estate – Applicants…