Dobbin v Redpath & Anor [2007] EWCA Civ 570 (01 May 2007)

Dobbin v Redpath & Anor [2007] EWCA Civ 570 (01 May 2007)

The Lands Tribunal did not misdirect itself in applying increased weight to objections arising from a building scheme; the original purpose of the scheme is still fulfilled, and maintaining low density is a practical benefit. The statutory requirements of section 84 were not satisfied for modification or discharge.

Citation
[2007] EWCA Civ 570
Parties
Appellant: Dobbin; Respondent: Redpath & Anr
Jurisdiction
England and Wales
Judgment Date
01 May 2007
Procedural Posture
Appeal From Lands Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Building Schemes, Modification of Covenants, Section 84 Law of Property Act 1925
Property Law Equity Restrictive Covenants Building Schemes Modification of Covenants Section 84 Law of Property Act 1925

Case Brief

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Parties

Dobbin

Appellant

Redpath & Anr

Respondent

Procedural Posture

Appeal From Lands Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Lands Tribunal erred in applying an increased presumption against modification of a restrictive covenant within a building scheme under section 84 Law of Property Act 1925

Ratio Decidendi

The Lands Tribunal did not misdirect itself in applying increased weight to objections arising from a building scheme; the original purpose of the scheme is still fulfilled, and maintaining low density is a practical benefit. The statutory requirements of section 84 were not satisfied for modification or discharge.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no remittal to Lands Tribunal