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10 March 2011 / Andrew Francis
Issue: 7456 / Categories: Features , Property
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Andrew Francis considers a novel area of property law

The relationship between competition law and agreements affecting land (whether estates, or other interests therein) which have a bearing on competition law is an area of law which to most property lawyers is a novelty. Most of this law is now EU based, with the UK being required to interpret and apply that law consistently with EU practice; s 60 of the Competition Act 1998.

With effect from 6 April 2011, the Competition Act 1988 (Land Agreements Exclusion and Revocation) Order 2004 (SI 2004/1260) (the 2004 Order) will be revoked by the Competition Act 1998 (Land Agreement Exclusion Revocation) Order 2010 (SI 2010/1709).

Some examples show the area of law where the effect of revocation might have to be considered.

(i) A covenant in a lease granted by L District Council restricts use to offices. The market for such offices is competitive in the area of the property let. X co wants to use part of the building as a shop but L DC refuses.

(ii) A

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