Restrictive covenants: No release permitted

Travers Smith LLP | Property Law Journal | February 2019 #368
Andrew Ross and Sarah Quy discuss a case where the court emphasised the public interest in honouring private rights ‘The court’s decision indicates that responsible developers should seek release of covenants before developing in breach.’ In November 2018 the Court of Appeal decided in Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd [2018] that …

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Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!

Pinsent Masons | Property Law Journal | February 2012 #283
Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …

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Restrictive Covenants: Not in my back yard!

Pinsent Masons | Property Law Journal | May 2011 #270
Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …

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