header-logo header-logo

30 June 2011 / Lesley Hughes , Rachael Reynolds
Issue: 7472 / Categories: Features , Property
printer mail-detail

Know your limits

Lesley Hughes & Rachael Reynolds report on restrictive covenants & the power of the lands tribunal

Restrictive covenants affecting development land are common. For a developer, they are obstacles to maximising value—but they are rarely viewed as insurmountable. Money is set aside to buy off those with the benefit of the covenant where known, to obtain indemnity insurance where not or, as a last resort, an application is made to the lands tribunal for the modification or release of the covenant to allow the development to proceed. While developers are generally aware that this third option is dogged by the delay and costs involved, they often assume that once the procedural hurdles have been overcome they will get the order they seek. Is it safe to make this assumption? The recent lands tribunal decision in George Wimpey Bristol Ltd and Gloucestershire Housing Association Ltd [2011] UKUT 91 (LC) provides a clear warning for developers.

The law

The power of the lands tribunal to modify or release restrictive covenants is set out

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll