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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 Tribunal with several options concerning the proposed use of the land, which backfired.     Case name, reference and Bailii link  Briant v Baldacchino [2024] UKUT 164 (LC) (06 June 2024)    Summary A recent case on the…

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