Source: All England Reporter
Publisher Citation: [2017] All ER (D) 86 (Sep)
Neutral Citation: [2017] UKUT 243 (LC)
Court: UK Upper Tribunal (Lands Chamber)

Martin Rodger QC and A J Trott FRICS

Representation Andrew Bruce (instructed by Holmes & Hills LLP) for the applicant.
  Rupert Higgins (instructed by Birkett Long LLP) for the objector.
Judgment Dates: 23 August 2017


Restrictive covenant affecting land - Discharge or modification - Impeding use of land

The Case

Restrictive covenant affecting land Discharge or modification. A restrictive covenant in favour of the objector, which prohibited the erection of more than a single dwelling house and required prior approval to the plans of that house, would be modified under the . However, the Upper Tribunal (Lands Chamber) made that order subject to the applicant's payment of 21,000 to the objector and acceptance of a condition restricting the use of the house to a private residence.

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