Shephard & Ors v Turner & Anor

Shephard & Ors v Turner & Anor

The Tribunal did not err in law in concluding that the restrictive covenants did not secure practical benefits of substantial value to the objectors that would justify impeding the proposed development, and that any temporary disturbance could be adequately compensated. The Tribunal properly considered the cumulative effect on the building scheme and the specific facts of the case.

Parties
Appellants: Shephard & Ors; Respondents: Turner & Anr
Jurisdiction
England and Wales
Judgment Date
23 January 2006
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Modification of Restrictive Covenants, Section 84 Law of Property Act 1925, Building Schemes, Reasonable User of Land
Property Law Modification of Restrictive Covenants Section 84 Law of Property Act 1925 Building Schemes Reasonable User of Land

Case Brief

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Parties

Shephard & Ors

Appellants

Turner & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal Decision

Legal Issues

  1. 1 Whether the Lands Tribunal erred in law in modifying restrictive covenants under section 84 of the Law of Property Act 1925 to permit the erection of a new dwelling and associated works.
  2. 2 Whether the Tribunal failed to properly consider the cumulative effect of modifications on the integrity of the building scheme ('thin end of the wedge').
  3. 3 Whether the Tribunal failed to properly assess the practical benefits secured by the covenants, including disturbance during construction and changes to the character of the area.

Ratio Decidendi

The Tribunal did not err in law in concluding that the restrictive covenants did not secure practical benefits of substantial value to the objectors that would justify impeding the proposed development, and that any temporary disturbance could be adequately compensated. The Tribunal properly considered the cumulative effect on the building scheme and the specific facts of the case.

Court Disposition

Appeal dismissed

Orders

  • The order of the Lands Tribunal modifying the restrictive covenants is upheld.
  • Awards of compensation to objectors for temporary disturbance and loss of privacy are affirmed.