Beeches Capital v Alison Hunt

Beeches Capital v Alison Hunt

The restriction is not obsolete as the character of the neighbourhood and the purpose of the covenant remain relevant. However, the restriction does not secure practical benefits of substantial advantage to the objectors, and any marginal loss of amenity can be adequately compensated by a payment of £15,000. Therefore, the restriction should be modified to permit the redevelopment scheme subject to payment of compensation.

Parties
Applicant: Beeches Capital; Objectors: Alison Hunt and Others (as personal representatives of the Estate of Margaret Adeline Hunt)
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Judgment
Outcome
Restriction modified subject to conditions and compensation
Legal Topics
Restrictive Covenants, Modification or Discharge of Restrictive Covenants, Amenity, Compensation for Loss of Amenity
Property Law Restrictive Covenants Modification or Discharge of Restrictive Covenants Amenity Compensation for Loss of Amenity

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Parties

Beeches Capital

Applicant

Alison Hunt and Others (as personal representatives of the Estate of Margaret Adeline Hunt)

Objectors

Procedural Posture

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

Legal Issues

  1. 1 Whether the restrictive covenant is obsolete under section 84(1)(a)
  2. 2 Whether the restriction impedes reasonable use and secures practical benefits under section 84(1)(aa)
  3. 3 Whether money is adequate compensation for any loss of amenity

Ratio Decidendi

The restriction is not obsolete as the character of the neighbourhood and the purpose of the covenant remain relevant. However, the restriction does not secure practical benefits of substantial advantage to the objectors, and any marginal loss of amenity can be adequately compensated by a payment of £15,000. Therefore, the restriction should be modified to permit the redevelopment scheme subject to payment of compensation.

Court Disposition

Restriction modified subject to conditions and compensation

Orders

  • The restriction in the Charges Register for Beeches Bungalow, Icknield Way, Tring (Title BM448089) is modified under section 84(1)(aa) of the Law of Property Act 1925 to permit the development granted planning permission on 18 October 2022 by Buckinghamshire Council under reference 22/02399/APP, subject to the...
  • The modification is conditional upon the applicant signifying acceptance and paying £15,000 to the solicitors for the Estate of Margaret Adeline Hunt within three months.