Felton Homes Ltd, Re Law Of Property Act 1925 [2004] EWLands LP_3_2003 (2 December 2004)

Felton Homes Ltd, Re Law Of Property Act 1925 [2004] EWLands LP_3_2003 (2 December 2004)

The Tribunal found that, despite changes in the character of Caldy, the restrictive covenants continued to serve their original purpose in significant parts of the estate, including the application land. The covenants were not obsolete, continued to secure practical benefits of substantial value to objectors, and...

Source-derived case information.

Citation
[2004] EWLands LP_3_2003
Parties
Applicant: Felton Homes Limited; Objectors: Mr B K and Mrs L Holland; Objector: Mr C Langford; Objector: Mrs J M Ratcliffe
Jurisdiction
England and Wales
Judgment Date
02 December 2004
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision and Costs Determination
Outcome
Application dismissed
Legal Topics
Restrictive Covenants, Modification/discharge of Covenants, Section 84 Law of Property Act 1925, Planning and Development Control, Conservation Areas
Property Law Land Law Restrictive Covenants Modification/discharge of Covenants Section 84 Law of Property Act 1925 Planning and Development Control Conservation Areas

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Summary, issues, holding and outcome

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Parties

Felton Homes Limited

Applicant

Mr B K and Mrs L Holland

Objectors

Mr C Langford

Objector

Mrs J M Ratcliffe

Objector

Procedural Posture

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

Legal Issues

  1. 1 Whether restrictive covenants limiting development to one dwellinghouse per plot should be modified or discharged under section 84 of the Law of Property Act 1925
  2. 2 Whether the covenants are obsolete due to changes in the character of the neighbourhood
  3. 3 Whether the covenants secure practical benefits of substantial value to objectors

Ratio Decidendi

The Tribunal found that, despite changes in the character of Caldy, the restrictive covenants continued to serve their original purpose in significant parts of the estate, including the application land. The covenants were not obsolete, continued to secure practical benefits of substantial value to objectors, and their modification or discharge would injure those entitled to their benefit. The application failed on all grounds under section 84(1)(a), (aa), and (c).

Court Disposition

Application dismissed

Orders

  • Application for modification or discharge of restrictive covenants is dismissed.
  • Applicant to pay the costs incurred by Mr and Mrs Holland, except for costs relating to the application for extension of time, which are to be paid by Mr and Mrs Holland.