the Property Law website
Maintained by Gary Webber, barrister


Restrictive covenants

This section of the site contains information on various matters relating to restrictive covenants:
  • Benefit of covenants - Has the person who wants to enforce the covenant got the benefit of it?
  • Burden - Is the person who wants to carry out the development subject to the burden of the covenant?
  • Consent to development - Can the person with the benefit unreasonably withhold consent?
  • Enforcing covenants - Injunction or damages in lieu?
  • Interpretation of covenants - a recent case on the meaning of "a private dwelling house".
  • Modification of restrictive covenants under s84 of the 1925 Act to allow the development to proceed - when will this happen, what do you need to establish, how is compensation assessed, what is the procedure?
  • Variation under s610 of the Houinsg Act 1985 to allow conversion from one large house to a number of smaller dwellings - a procedure often overlooked
To use the Lands Tribunal website to search for decisions in restrictive covenant cases (or indeed any other case) click here.


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