The online resource for UK Property Law

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.

Modification of Restrictive Covenants

Ian Quayle considers another case before the Upper Tribunal where consideration was given as to whether an application to modify a restrictive covenant under S85(1)(aa) LPA 1925 was considered. The unusual feature of the case was that the applicant provided the Upper...

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Restrictive Covenants

Article contributed by Emma Humphries & Emma Preece   Modification of covenants under Section 84 of the Law of Property Act 1925 to allow the applicant to use the property as a self-contained home for children in care within their business.     Case name,...

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