Christopher and Lucy Anthony v Christopher and Patricia Hardy

Christopher and Lucy Anthony v Christopher and Patricia Hardy

The restrictive covenant does not secure practical benefits of substantial value or advantage to the objectors in relation to the proposed conservatory and garage door works. The impact on openness, light, privacy, space, and views is minimal or non-existent. The Tribunal has jurisdiction to modify the covenant and exercises its discretion to allow the modification for the specific works proposed.

Parties
Applicant: Christopher Anthony; Applicant: Lucy Anthony; Objector: Christopher Hardy; Objector: Patricia Hardy
Jurisdiction
England and Wales
Judgment Date
04 July 2025
Procedural Posture
Application Under Section 84 Law of Property Act 1925 / Judgment
Outcome
application allowed
Legal Topics
Restrictive Covenants, Modification of Covenants, Discharge of Covenants, Reasonable Use of Land, Compensation
Property Law Land Law Restrictive Covenants Modification of Covenants Discharge of Covenants Reasonable Use of Land Compensation

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Parties

Christopher Anthony

Applicant

Lucy Anthony

Applicant

Christopher Hardy

Objector

Patricia Hardy

Objector

Procedural Posture

Application Under Section 84 Law of Property Act 1925 / Judgment

Legal Issues

  1. 1 Whether the restrictive covenant impedes reasonable use of Welbeck House
  2. 2 Whether the covenant secures practical benefits of substantial value or advantage to the objectors
  3. 3 Whether any loss or disadvantage can be adequately compensated by money

Ratio Decidendi

The restrictive covenant does not secure practical benefits of substantial value or advantage to the objectors in relation to the proposed conservatory and garage door works. The impact on openness, light, privacy, space, and views is minimal or non-existent. The Tribunal has jurisdiction to modify the covenant and exercises its discretion to allow the modification for the specific works proposed.

Court Disposition

application allowed

Orders

  • The restrictive covenant is modified to permit completion of the conservatory and creation of a large opening and door in the rear wall of the garage at Welbeck House.
  • No compensation is awarded to the objectors.