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01 June 2018 / Andrew Francis
Issue: 7795 / Categories: Features , Property
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How builders can banish the covenant problem

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As demand for housing rises, lawyers are deploying s 84 applications to overcome the barrier of restrictive covenants. Andrew Francis offers advice

  • Discharging or modifying restrictive covenants over freehold land. Using s 84(1) of the Law of Property Act 1925.
  • Why this is a useful jurisdiction now.

The importance of the jurisdiction under s 84 of the Law of Property Act 1925 cannot be overestimated. The government’s housing and new national planning policy framework seeks to release land for much needed housing. There is a new Garden City movement supported by the government. As it is economic to develop to a greater intensity, a policy generally favoured under planning law, land values warrant steps being taken to remove covenant problems. Finally, there has been a growth in the re-use of sites where obsolescent houses are suitable for demolition with either replacement houses, or a greater number of houses, or flats being built.

The barriers

In this context, restrictive covenants often act as a barrier to the carrying out of the policies

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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