Restrictive covenants
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A reminder of the test to determine whether a restrictive covenant is obsolete
The tribunal must decide the extent of the benefited land within the neighbourhood
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Restrictive covenants: alternative applications undermine intention
Applicant’s true intention disguised by multiple proposals
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Restrictive covenants prevent scheme that attempts to squeeze too much in
The Upper Tribunal Lands Chamber’s ruling in Medley v Mackenzie and others
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Single residence covenant modified to allow use as care home
Planning permission for a proposed use invariably means that the use is reasonable
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Owner of listed building able to operate B&B business
Where a building is listed, the planning system can fulfil the same function as a restrictive…
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Howard and others v Surana
Restrictive covenants – Modification – Building scheme – Section 84(1) of Law of Property Act 1925
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Howard and others v Surana
Restrictive covenants – Modification – Building scheme – Section 84(1) of Law of Property Act 1925
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Restrictive covenants: restriction not intended to secure structural protection
The UT’s decision in Doherty and another v Paskhin
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Restrictive covenants: tribunal modifies covenants once planning obtained
The Upper Tribunal considered a renewed application on restrictive covenants
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Restrictive covenants: when the tribunal is reluctant to exercise discretion
Upper Tribunal ruling in Great Jackson Street Estates Ltd v Manchester City Council
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Council opposition to sale of college building is irrational
High Court considered a covenant restricting sale
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Restrictive covenants: Tribunal has no jurisdiction to discharge covenant affecting disposal of land
The UT only has power to modify or discharge covenants which are restrictive of user of land