The online resource for UK Property Law

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 the High Court for a declaration stating that the restrictive covenant is not enforceable for one reason or another. Accept that the covenant is valid but ask the Upper Tribunal (Lands Chamber) (what used to be known as the Lands Tribunal) for an order discharging or modifying the restrictive covenant. Insurance Not very likely once any…

You must be logged in to view this content.

This content is available on our subscription plans - join today for full access to the legal library