header-logo header-logo

27 July 2012 / Dean Bedford
Issue: 7524 / Categories: Features , Environment , Property
printer mail-detail

Arrested development?

rexfeatures_1760344a_4

Conserving history or restricting the future? Dean Bedford puts the National Trust under the spotlight

The benefit of a restrictive covenant attaches to land and can be enforced by successive owners of that land provided certain well-rehearsed conditions are met. However, s 8 of the National Trust Act 1937 enables the National Trust to enforce restrictive covenants without needing to satisfy all these criteria.  This can cause headaches for property developers by removing a developer’s ability to take an informed legal view on the risk posed by a covenant before committing to a project or, giving them little opportunity to defend themselves in the usual way. In the event of enforcement by the Trust developers have struggled to obtain modification or release of covenants in the Upper Tribunal because the injury caused to the Trust cannot be quantified in monetary terms. However, Re Thames Valley Holdings Ltd (2011) LTL 30/8/2011, [2011] UKUT 325 (LC) offers a ray of opportunity to developers looking to utilise land burdened by National Trust covenants.

Restrictive convenants

Thames

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll