Protection Of Public Houses: Open to attack?

9 Stone Buildings | Property Law Journal | November 2017 #356
The protection afforded to pubs by being listed as ACVs and restrictive covenants limiting user can be circumvented in some circumstances, as Christopher Cant reports ‘The absence of any consideration of the proposed new use by a local authority meant that the issue had to be considered by reference to the individual facts of the …

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Restrictive Covenant: Practical benefits of substantial value or advantage

Charles Russell Speechlys LLP | Property Law Journal | July/August 2014 #323
Emma Humphreys highlights a case concerning modification under s84(1)(aa) Law of Property Act 1925 ‘The tribunal concluded that the objector did not secure practical benefits of substantial value or advantage by impeding the proposed user and that money would be adequate compensation for the loss/disadvantage.’ Re Kerai Upper Tribunal (Lands Chamber) [2014] concerned the proposed …

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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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