Article contributed by Robert Kelly, Stewart Title Many property lawyers will be familiar with the case of Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] UKSC 45. In this case, the Supreme Court declined to exercise its discretion to vary restrictive covenants preventing development because the developer had deliberately breached the covenants for financial savings. The developer was the predecessor in title to Housing Solutions, which owned the affordable housing built on the land. The neighbouring land, which had…
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