Overcoming and enforcing restrictive covenants
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.
- 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?
Course leader: Gary Webber
Intermediate / advanced
3 hours CPD
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