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…
Restrictive Covenants
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…
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…
Annexation - Bath Rugby Ltd
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…
Variation under s610 of 1985 Act
Conversion to two or more lettings Width of discretion Lawntown Limited v Camenzuli [2007] EWCA Civ 949 Introduction Many practitioners will be…
Benefit of covenants
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…
Burden
This page contains details of a few points that are relevant to the "burden" of restrictive covenants. Unless the person who is seeking to breach of…
Modification and discharge
Introduction A developer or other person seeking to get round a restrictive covenant has four possible options - depending on the circumstances: Go to…
Interpretation - breach
Covenant not to cause annoyance Reduced views from building extension sufficient to cause annoyance Davies v Dennis [2009] EWCA Civ 1081 A covenant…
Enforcing covenants
This page deals with injunctions (interim and final) and damages in cases where one party is seeking to enforce a restrictive covenant. See also…
Consent to development
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…
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