Anthony Rogers & Anor v Michael Dinshaw & Ors

Anthony Rogers & Anor v Michael Dinshaw & Ors

Grounds (aa) and (c) under section 84(1) are satisfied as the covenant impedes reasonable use and does not secure practical benefits of substantial value or advantage to the objectors; modification will not injure persons entitled to the benefit; modification is granted to permit retention of the extensions as built.

Parties
Applicant: Anthony Rogers; Applicant: Patricia Rogers; Objector: Michael Dinshaw; Objector: Ian Dinshaw; Objector: Anthony Dinshaw
Jurisdiction
England and Wales
Judgment Date
08 January 2024
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Determination
Outcome
Application granted in part; covenant modified to permit retention of extensions.
Legal Topics
Restrictive Covenants, Modification and Discharge of Covenants, Compensation, Planning Permission
Property Law Land Law Restrictive Covenants Modification and Discharge of Covenants Compensation Planning Permission

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Parties

Anthony Rogers

Applicant

Patricia Rogers

Applicant

Michael Dinshaw

Objector

Ian Dinshaw

Objector

Anthony Dinshaw

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Determination

Legal Issues

  1. 1 Whether the restrictive covenant is obsolete
  2. 2 Whether the covenant impedes reasonable use of the land
  3. 3 Whether the covenant secures practical benefits of substantial value or advantage

Ratio Decidendi

Grounds (aa) and (c) under section 84(1) are satisfied as the covenant impedes reasonable use and does not secure practical benefits of substantial value or advantage to the objectors; modification will not injure persons entitled to the benefit; modification is granted to permit retention of the extensions as built.

Court Disposition

Application granted in part; covenant modified to permit retention of extensions.

Orders

  • Covenant modified to allow retention of the two extensions as built.
  • Claim for compensation rejected.