Source:	All England Reporter
Publisher Citation:	[2012] All ER (D) 99 (May)
Court:	Court of Appeal, Civil Division
Judge:	Pill, Sullivan and Kitchin LJJ (judgment delivered extempore)
Representation	The claimants appeared in person.
	The respondents did not appear and were not represented.
Judgment Dates:	10 May 2012

Catchwords

Land - Registration - Restrictive covenant - Covenant prohibiting more than one dwelling on each plot - Claimants wishing to construct second dwelling - Claimants applying to modify restrictive covenant - Upper Tribunal (Lands Chamber) upholding objections - Upper Tribunal finding new dwelling interfering with privacy of objectors - Upper Tribunal finding construction of dwelling having detrimental effect on local public areas and highway - Whether Upper Tribunal erring.

The Case

Land Registration. The Court of Appeal, Civil Division, held that a decision of the Upper Tribunal (Lands Chamber) refusing to modify a restrictive covenant to allow the claimants to erect a dwelling on their property had been erroneous on the grounds of procedural unfairness and a mis-application of the benefits derived from the covenant.

Practice Areas

• Dispute Resolution
• Personal Injury
• Property

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