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Restrictive covenants.

The editor of this section is Emma Humphreys, solicitor, partner in Charles Russell LLP (www.cr-law.co.uk)


Modification

No substantial benefit to objectors

Dean v Freeborn
[2017] UKUT 203 (LC)

Summary

The Tribunal was satisfied that the covenants did not provide practical benefits of substantial value and advantage to the objectors and that their modification would therefore cause no injury to those entitled to the benefit of the covenants. The application to modify the covenants therefore succeeded under grounds (aa) and (c).

Relevant statutory provisions

In outline the relevant grounds for modification or discharge of a restrictive covenant in s84(1) LPA 1925 are:

(aa) that its continued existence would impede some reasonable user of land and that it does not either—
  • secure to persons entitled to the benefit of it any practical benefits of substantial value or advantage to them; or
  • it is contrary to the public interest;
and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the discharge or modification (see s84(1A))…

(c) that the proposed discharge or modification will not injure the persons entitled to the benefit of the restriction.

Facts

The Applicants (As) sought to dem ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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