header-logo header-logo

17 October 2019 / Andrew Bruce
Issue: 7860 / Categories: Features , Property
printer mail-detail

Offices to flats: a rare modification?

Andrew Bruce explains the grounds for sweeping away a leasehold covenant under s 84 of the Law of Property Act 1925

Property practitioners will be well aware of the jurisdiction to modify restrictive covenants affecting freehold land conferred upon the Upper Tribunal (Lands Chamber) by s 84 of the Law of Property Act 1925. Freehold owners keen to develop their land will often rely upon one of the four grounds set out in s 84 to discharge or modify any valid and binding covenant which inhibits or prevents their desired development. Thus, obsolete covenants (ground (a)); or covenants which confer no practical benefit of substantial value (ground (aa)); or covenants where the beneficiaries agree (ground (b)); or covenants the discharge of which will cause no injury (ground (c)), may be swept away and constructive land development may be facilitated. But the jurisdiction is not limited to freehold covenants. Leasehold covenants may also be modified or discharged, and this article considers the recent case of Shaviram Normandy Ltd v Basingstoke and Deane

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll