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22 October 2021 / Andrew Francis
Issue: 7953 / Categories: Features , Property
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What is it worth?

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Andrew Francis looks at trips, traps & compensation disputes in restrictive covenant matters
  • How to assess value of property, taking restrictive covenants into account, with relevant case law.

The increase in demand for housing of all types and at all levels of price and how that can be satisfied has been the subject of much recent debate. This demand has led either to development plans being dusted off, or new ones being created. Such plans require an examination of feasibility, not just as a matter of economics and planning, but also to avoid risks under enforceable property law obligations. As to the latter, the question is—are there risks which might prevent development, even with planning and public authority consents? The most common risk is the potential enforceability of restrictive covenants affecting the development site, if they will be breached. That risk can be encountered on sites which are both large and small and for any types and scales of development. It may be on a site designated for 450 new homes,

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