Restrictive Covenants
An application to modify a restrictive covenant allowing a second dwelling succeeded under ground (c) of s.84, Law of Property Act 1925 (no injury)…
Restrictive Covenants
Hughes Family Property Co Ltd & Anor v Marvin & Ors (Rev1) [2026] UKUT 310 (LC)
Yet another Upper Tribunal decision concerning an application to modify a restrictive covenant under Section 84 of the Law of Property Act 1925.
Crossland & Anor v Fritchley [2026] UKUT 22 (LC)
In this edition, Ian Quayle explores an important Upper Tribunal decision on restrictive covenants, highlighting the circumstances in which a covenant…
Restrictive Covenants: Grossart v Ames [2026] UKUT 139 (LC); [2026] EGCS 67
In this edition, Ian Quayle looks at another case concerning the application of Section 81 of the Law of Property Act 1925 and the question as to when…
Restrictive Covenants
An application for the modification of a restrictive covenant to allow a building gifted for use as a doctors’ surgery to be used for other medical or…
Restrictive Covenants
An application to modify a restrictive covenant to permit premises to be used under a broad Class E planning use (including a café) was dismissed…
Harrison-Ellis and another v Hunt and another [2025] UKUT 295 (LC); [2025] EGCS 150
A recent decision of the Land Tribunal considered an application under Section 84 of the Law of Property Act 1925. The facts before the Tribunal were…
Restrictive Covenants
An application to modify or discharge an easement which was limited to use in connection with land as a private garden and for no other purpose was…
Restrictive Covenants
The Court of Appeal dismissed an appeal by a tenant seeking to discharge a restriction in a long lease under s.84(1)(aa) Law of Property Act. The…
Restrictive Covenants
An application for the modification of a restrictive covenant to allow for the erection of an enclosed porch extension across part of a previously…
Restrictive Covenants
On an application for modification of a restrictive covenant, it was agreed that the restriction limiting the use of land to a paddock, garden land or…
Clarion Housing Association Ltd v Chitty [2024] UKUT 187 (LC); [2024] PLSCS 124
Although not required to do so, the Upper Tribunal took the opportunity to add its thinking concerning the public interest ground for varying a…
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