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27 September 2018 / Edward Peters KC , Philip Sissons
Issue: 7810 / Categories: Features , Property
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Property law update

Edward Peters & Philip Sissons round up a selection of recent property cases

  • Modification of restrictive covenants.
  • Costs guidance in the First-tier Tribunal.
  • Residential property dispute deployment pilot.
  • Horizontal and vertical boundaries.

The Upper Tribunal has a discretionary jurisdiction to modify or discharge restrictive covenants under s 84 of the Law of Property Act 1925 (LPA 1925). The question of whether the tribunal can and will exercise that jurisdiction in a variety of different factual circumstances is often of substantial financial and personal importance, and continues to produce a steady flow of decisions.

In the recent case of Re Geall [2018] UKUT 154 (LC), the Upper Tribunal decided to exercise its jurisdiction pursuant to s 84 to modify a restrictive covenant to permit the conversion of a barn into a new dwelling house.

The applicant was the owner of property comprising a bungalow and a barn which was used for agricultural storage. The land was subject to restrictive covenants which restricted use of the land to a single private dwelling house. The applicant

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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