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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll