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 …
Continue reading "Restrictive Covenants: Discharge and modification"
Cases in bold have further reading - click to view related articles.
- Re Ecclesiastical Commissioners for Englands Conveyance  Ch 430
- Re Tate  UKUT 0289 (LC)
- The Trustees of the Green Masjid and Madrasah  UKUT 0355 (LC)