header-logo header-logo

Restrictive covenants: modifying the benefit

17 January 2019 / Andrew Bruce
Issue: 7824 / Categories: Features , Property
printer mail-detail

How far across an objector’s lands does a benefit extend? Andrew Bruce examines two recent cases

  • Two recent decisions of the Upper Tribunal have considered the question of the extent to which the land benefited by a relevant covenant is required to be the same as the land owned by the person entitled to the benefit of such a covenant.

Restrictive covenants which affect freehold land can often hamper the development of that land. This effect is ameliorated by the jurisdiction of the Upper Tribunal (Lands Chamber) to modify or discharge such covenants. In particular, s 84(1)(aa) of the Law of Property Act 1925 gives the tribunal power to modify covenants where their continued existence would impede some reasonable user of the land and where impeding that user does not secure to persons entitled any practical benefits of substantial value or advantage. Further, s 84(1)(c) authorises modification where such will not injure the persons entitled to the benefit of the restriction. The policy behind s 84(1)(aa) has been said to be ‘to facilitate the

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll