Restrictive covenants
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Modification of covenant permitted because alternative construction would have no less impact
The Upper Tribunal has modified a covenant restricting the number of dwellings on a plot of land
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Covenants: irrelevant considerations can be fatal to refusal of consent
The court has upheld a restrictive covenant preventing the erection of dwellings
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Restrictive covenants: precedent a ground for dismissing application to modify
Where there is a serious risk that modifying a restrictive covenant to permit a development will…
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Restrictive covenants: enforceability requires definition of the land benefiting
The Court of Appeal has allowed an appeal against the enforceability of a restrictive covenant
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Covenant objectors can be ordered to pay costs if they run hopeless arguments
The UT has considered claims for costs in relation to application in Father’s Field Developments
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Restrictive covenants are not an effective substitute for overage
Restrictive covenants are sometimes used in place of overage provisions. But the owners of land…
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Objections to an uncompromisingly modern glass cube are upheld
Neighbours objected to the construction of what they described as a “gently glowing” glass cube
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Jurisdiction of a tribunal when considering benefits secured by restrictions
Section 84(1) of the Law of Property Act 1925 enables a tribunal to modify or discharge restrictive…
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Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd
Restrictive covenants – Discharge or modification – Public interest
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Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd
Restrictive covenants – Discharge or modification – Public interest
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Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd
Restrictive covenants – Discharge or modification – Public interest
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A cynical breach of covenant backfires
The Supreme Court had never considered the effect of section 84 of the Law of Property Act 1925…