Article contributed by Emma Humphries & Emma Preece, CRS Law Modification or discharge of leasehold covenants under Section 84 of the Law of Property Act 1925 to allow for the redevelopment of a development site from warehouses into residential housing. Case...
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 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 Housing Act 1985 to allow conversion from one large house to a number of smaller dwellings – a procedure often overlooked.
To select the topic of interest to you click on the list on the lift.
To use the The Upper Tribunal (Lands Chamber) website to search for decisions in restrictive covenant cases (or indeed any other case) click here. For the enforcement of positive covenants click here.
Restrictive Covenants
Article contributed by Emma Preece and Emma Humphries Modification of restrictive covenants under section 84 of the Law of Property Act 1925 to allow affordable housing. Case name, reference and Bailii link: Housing Solutions v Bartholomew...
Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6
Article contributed by Emma Preece & Emma Humphreys Restrictive Covenants Landlord’s contractual power to reapportion service charge costs in a long residential lease Case name, reference and Bailii link Aviva Investors Ground Rent GP Ltd & Anor v...
CAMMIADE, Re: 1 Acacia Grove [2023] UKUT 96 (LC)
Article contributed by Emma Humphreys & Emma Preece, Charles Russell Speechlys Restrictive Covenants Whether Section 84 of the Law of Property Act 1925 confers power on the Upper Tribunal to discharge a restriction arising under a covenant prohibiting...
Hodgson v Cook & Anr [2023] UKUT 41 (LC)
Article contributed by Emma Humphreys & Emma Preece, Charles Russell Speechlys Restrictive Covenants Modification under s.84(1) LPA (Local Planning Authorities) 1925 Hodgson v Cook & Anr [2023] UKUT 41 (LC) Hodgson & Anor v Cook & Ors...
Restrictive Covenants
Article contributed by Emma Humphries & Emma Preece of Charles Russell Speechlys Confirmation of the thresholds for outlook and overlooking properties to be considered in applications to discharge/modify restrictive covenants Quantum (Barrowsfield) Ltd v Bell...
Sutton v Baines & Anor [2022] UKUT 342 (LC)
Article contributed by Emma Humphries & Emma Preece of Charles Russell Speechlys Application to discharge restrictive covenant under s.84(1) (aa) LPA (Local Planning Authorities) 1925 Sutton v Baines & Anor [2022] UKUT 342 (LC) ...
Livett v Hennings [2022] UKUT 325 (LC).
Article contributed by Emma Humphries & Emma Preece of Charles Russell Speechlys Restrictive Covenants Entitlement to benefit of a restrictive covenant and the requirements for a building scheme Livett v Hennings [2022] UKUT 325 (LC). Livett & Anor v...
Freehold Restrictive Covenants: Tips and Pitfalls for Conveyancers
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...
Restrictive Covenants – principles of construction
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...