Blumenthal, Re Law of Property Act 1925 [2004] EWLands LP_34_2002 (14 January 2004)

Blumenthal, Re Law of Property Act 1925 [2004] EWLands LP_34_2002 (14 January 2004)

The user covenant, though using language suggestive of a positive obligation, is in substance a negative (restrictive) covenant and thus within the Tribunal's jurisdiction under s.84. The alterations covenant is also within the Tribunal's jurisdiction as it constitutes a restriction as to building on the land.

Citation
[2004] EWLands LP_34_2002
Parties
Applicant: Alexis Michaela Cecile Blumenthal; Objector: Church Commissioners for England
Jurisdiction
England and Wales
Judgment Date
14 January 2004
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Decision on Preliminary Issue Regarding Tribunal's Jurisdiction
Outcome
Tribunal has jurisdiction to consider modification of both the user covenant and the alterations covenant under s.84 Law of Property Act 1925.
Legal Topics
Restrictive Covenants, Modification of Lease Covenants, Jurisdiction of Lands Tribunal, Positive Vs Negative Covenants, Alterations Covenants
Property Law Landlord and Tenant Law Restrictive Covenants Modification of Lease Covenants Jurisdiction of Lands Tribunal Positive Vs Negative Covenants Alterations Covenants

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Parties

Alexis Michaela Cecile Blumenthal

Applicant

Church Commissioners for England

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Decision on Preliminary Issue Regarding Tribunal's Jurisdiction

Legal Issues

  1. 1 Whether the user covenant is a positive or negative covenant and thus within the Tribunal's jurisdiction under s.84 Law of Property Act 1925
  2. 2 Whether the alterations covenant is within the Tribunal's jurisdiction to modify under s.84 Law of Property Act 1925

Ratio Decidendi

The user covenant, though using language suggestive of a positive obligation, is in substance a negative (restrictive) covenant and thus within the Tribunal's jurisdiction under s.84. The alterations covenant is also within the Tribunal's jurisdiction as it constitutes a restriction as to building on the land.

Court Disposition

Tribunal has jurisdiction to consider modification of both the user covenant and the alterations covenant under s.84 Law of Property Act 1925.