header-logo header-logo

27 October 2017 / Andrew Bruce
Issue: 7767 / Categories: Features , Property
printer mail-detail

Covenants: conduct, consent & costs

Andrew Bruce provides a timely update

  • Unattractive conduct does not deny relief under s 84 of the Law of Property Act 1925.
  • Compensation of £21,000 does not justify a costs award.

In October 2011, Mrs Pauline Hennessey’s home in Great Maplestead was gutted by fire. Rather than re-build a facsimile of the house, Mrs Hennessey decided to construct a larger, somewhat grander property that she would call ‘High View’ on the same location as her previous home. In order to finance this construction, Mrs Hennessey wanted to build two further detached houses in the garden of her property. Having finally obtained planning permission for her construction works in December 2015, Mrs Hennessey then had to deal with the restrictive covenant that burdened her land.

The covenant, which had been imposed in 1971 on Mrs Hennessey’s predecessor-in-title, prohibited the erection of more than a single dwellinghouse on Mrs Hennessey’s land (‘the density restriction’) and required that Mrs Hennessey obtain prior approval of her plans from the beneficiaries of the covenant (‘the consent restriction’).

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: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll