Law of Property Act 1925, s.48 – Application to modify or discharge restrictive covenants – Status of objectors – Enforceability of restrictions between plot owners – Whether a building scheme

Restrictive covenants — modification — covenant restricting development to one dwelling per
plot — building scheme — proposal to erect two additional dwellinghouses upon part of the rear
gardens of 3 properties — whether practical benefits of substantial value or advantage secured by the
restrictions — application refused — Law of Property Act 1925, section 84(1)(aa)

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Whether any practical benefit served – Whether money an adequate compensation

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Whether restriction obsolete – Whether those entitled to benefit agreed – Whether any injury to them – Whether any practical benefit serve

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Ground (a): meaning of “obsolete”

Restrictive covenants – Building scheme – Enforcement – Necessary characteristics – Reliance on extrinsic evidence

Restrictive covenant – Rights of pre-emption – Enforceability against successors in title to original covenantor – Whether covenant in its nature truly a ‘restrictive covenant’ or rather a ‘money covenant’ with restrictive conditions – Whether right of pre-emption void as in breach of rule against perpetuities – Whether a proprietary right or merely contractual

Restrictive covenants – Annexation to land – Demise of covenantee – Enforceability of covenants

Restrictive Covenants – Discharge – proposed use of field as a farm strip for
private aircraft in close proximity to Sandown Airport – planning permission for construction of agricultural barn – whether to be used to hangar applicant’s aircraft – possibility of future unspecified use of application land – relevance of GPDO – Law of Property Act 1925 section 84(1)(a), (aa), (b) and (c) – application refused

Restrictive covenants – Discharge – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925

Restrictive Covenants – Modification – agricultural buildings – permitted
development for conversion into two dwellings with garages – hope value – Law of Property Act
1925 section 84(1)(aa) and (c) – application allowed under ground (c) – no sum awarded under
section 84(1)(i) or (ii)

Restrictive Covenants – Law of Property Act 1925 Section 84 – Application for discharge or modification of restrictive covenants – Covenants imposed by 1910 Deed – Deed no longer available – Whether objectors are entitled to benefit of the covenants

Law of Property Act 1925, s.84 – Restrictive covenants – Building scheme – Whether existence of covenants impeded reasonable use of land (ground (aa)) – Whether discharge or modification of covenant would injure person entitled to benefit (ground (c))

Law of Property Act 1925, s.84 – Restrictive covenants – Whether covenant obsolete (ground (a)) – Whether covenant impeded reasonable use of land (ground (aa)) – Whether covenant secured practical benefits of substantial value or advantage – Whether money an adequate compensation

Law of Property Act 1925, s.84 – Restrictive covenants – Whether covenants had become obsolete due to changes of character (ground (a)) – Whether existence of covenants impeded reasonable use of land (ground (aa)) – Whether money would be adequate compensation for modification

Restrictive covenant – Discharge or modification – Law of Property Act 1925, s.84 – Whether covenant in favour of Vendor only survived Vendor’s death – Covenant securing practical benefit of significant value or advantage

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Erection of new property to replace old – Extent of application of covenant – Whether benefits secured were practical, substantial and capable of being compensated by money

Restrictive covenant – Discharge or modification – Law of Property Act 1925, s.84 – Covenant not to use farm buildings other than for agricultural use or as a riding school and livery stable – Erection of residential property – Objection by neighbouring agricultural owner with development potential

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Extent of building scheme – Effect of acquiescence to previous breaches of covenant on objectors’ position