Enforcement - who has the benefit of the restrictive covenants? Annexation under s78 - Crest Nicholson v McAllister
Is your land burdened?
Insurance or proceedings?
High Court or Lands Tribunal?
Discharge or modification?
Grounds - the usual one - reasonable user
Relationship with planning
Assessing compensation on modification
What you need for a Tribunal claim
Another option - variation under the Housing Act 1985
Enforcement - injunction or damages
All the developer's problems resolved?
Using a real case study, this highly practical session considers the likelihood of covenants being enforced and the best method of overcoming restrictive covenant problems. Suitable for property lawyers, litigators and professional land purchasers.
