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Restrictive covenants: Modification issues
Stratios Koytzoumis considers a recent case brought before the Lands Tribunal considering the discharge or modification of a restrictive covenant in the context of a residential estate The tribunal did acknowledge that planning permission had been granted for the proposed use of land, which, while not conclusive, is an important factor in favour of reasonable use. …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Gilbert v Spooner [1989] Ch. 27
- O'Callaghan & Anor v Middleton & Ors (Restrictive Covenants – Modification) [2020] UKUT 77 (LC)
- Re Barter’s Application [2017] UKUT 451 (LC)
- Re Bass Ltd’s Application [1973] 26 P. & C R. 156
- Re Martins’ Application [1989] 57 P. & C.R. 119
- Ridley v Taylor [1965] 1 W.L.R 611