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Modification and discharge
Introduction
A developer or other person seeking to get round a restrictive covenant has four possible options – depending on the circumstances:Go to the High Court for a declaration stating that the restrictive covenant is not enforceable for one reason or another.
Accept that the covenant is valid but ask the Lands Tribunal for an order discharging or modifying the restrictive covenant.
Insurance?? Not very likely once any sort of dispute has arisen.
Do a deal with the objectors and potential objectors / mediation. This page is concerned with applications to the Lands Tribunal to modify restrictive covenants under s84 of the Law of Property Act 1925 so as to allow the development to go ahead. Note the use of the word "modify" and the absence of the word "discharge". The Lands Tribunal has the power under s84 to discharge or modify restrictive covenants. However, the Tribunal will very rarely discharge a covenant. They will, in an appropriate case, instead modify the covenant so as to allow the development to take place. If that is done the question of co ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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