Restrictive Covenants: Discharge and modification

Emma Humphreys discusses two recent cases where the Upper Tribunal took a flexible approach to the modification of a restrictive covenant ‘The applicants in The Trustees of the Green Masjid and Madrasah submitted that they had anticipated that the variation of the restrictive covenant would not be an issue given that the council was also …
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Cases Referenced

  • Re Ecclesiastical Commissioners for England’s Conveyance [1936] Ch 430
  • Re Tate [2013] UKUT 0289 (LC)
  • The Trustees of the Green Masjid and Madrasah [2013] UKUT 0355 (LC)