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This section of the site contains information on various matters relating to restrictive covenants:
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.
Ian Quayle explores a recent tribunal decision addressing the modification of restrictive covenants to permit the use of a residential property as a children’s care home. Ian examines the legal principles applied, the balance between private property rights and public...
Emma Preece and Emma Humphries examine a legal dispute regarding the application for directions on implementing a Tomlin Order related to structural changes and alterations to the external appearance of a property. Case name, reference and Bailii link Rutland...
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...
Joanna Morrish examines the case of Medley v Mackenzie & Ors [2024], which involves the modification and discharge of restrictive covenants under Section 84 of the Law of Property Act 1925. Case name, reference and Bailii link Medley v Mackenzie & Ors...
Discharge of a restrictive covenant under section 84 of the Law of Property Act 1925 limiting use of land to agricultural purposes. Emma Preece and Emma Humphries discuss the case of Robertson v Pace [2024] UKUT 123 (LC) (20 May 2024), which concerns the discharge of...
Tanfield Chambers discuss the recent decision in Mackenzie v Cheung & Anor [2024] where Barristers Carl Fain and Richard Miller, instructed by Jonathan Warner-Reed of Davitt Jones Bould, acted for the successful Respondent in a Court of Appeal case concerning the...
Emma Preece and Emma Humphreys consider the case of Rogers & Anor v Dinshaw & Ors and the modification or discharge of a covenant under Section 84(1) of the Law of Property Act 1925 to retrospectively allow the retention of two property extensions carried out...
Robert Kelly discusses the recent case of Fosse Urban Projects Ltd v Whyte & Ors [2023] where another cynical breach by a developer was punished by the Upper Tribunal. Case Name and Bailii Link: Fosse Urban Projects Ltd v Whyte & Ors [2023] UKUT 286 (LC)...
Emma Preece and Emma Humphries discuss the case of Blackhorse Investments (Borough) Limited v The London Borough of Southwark in relation to an application to set aside order/Tribunal jurisdiction. Case name & Bailii Link: Blackhorse Investments (Borough)...
Ian Quayle discusses an interesting case concerning the enforceability of restrictive covenants in the context of the interpretation of a general release provision in a conveyance. Case name, reference and Bailii link Mackenzie v Cheung & Anor [2024] EWCA Civ...
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