Article contributed by Christopher Heather KC   Introduction    1. This article looks at how to avoid two common problems arising in conveyances of freehold titles where covenants are imposed.    Overview    2. The rules as to transmission of...

Article by Guest Editor Katie Gray of Tanfield Chambers A recent judgment of the High Court has examined the principles applicable to the construction of the purported reservation of rights of release when a restrictive covenant has been imposed.   In Mackenzie v...

In this article, the team at Charles Russell Speechleys consider the lessons to be learnt from the decision in Bath Rugby Ltd v Greenwood and Ors v Bath Recreation Ltd [2021] EWCA Civ 1927. Annexation; the importance of identifying the land to which the benefit of the...

Conversion to two or more lettings Width of discretion Lawntown Limited v Camenzuli [2007] EWCA Civ 949 Introduction Many practitioners will be familiar with the power of the Upper Tribunal (Lands Chamber) to discharge or modify restrictive covenants pursuant to s84...

The editor of this section is Peta Dollar, solicitor and freelance property law trainer (peta@petadollar.co.uk)  SPS Groundworks and Building Ltd v Mahil  [2022] EWHC 371 (QB) http://www.bailii.org/ew/cases/EWHC/QB/2022/371.html Summary  An overage provision...

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....

Covenant not to cause annoyance Reduced views from building extension sufficient to cause annoyance Davies v Dennis [2009] EWCA Civ 1081 A covenant not to cause nuisance or annoyance was capable of protecting the views towards the river of those with the benefit of...

This page deals with injunctions (interim and final) and damages in cases where one party is seeking to enforce a restrictive covenant. See also damages in lieu of an injunction. Injunction Interim injunction Gregory v Court Royal Ltd [2002] EWHC 936 (Ch) The...

Who do you ask for consent? The original transferor of the land who took the benefit of the covenant, or his successor in title who now has the benefit of the covenant? Can the consent be unreasonably withheld? Finally, what is the situation where there is a...

A person cannot enforce a restrictive covenant unless he or she has "the benefit of the covenant". If the parties are the original parties to the covenant there is no problem. The covenant can be enforced like any other contract. However, the covenant may have been...