Marshall & Anor, Re Law Of Property Act 1925 [2003] EWLands LP_32_2001 (05 August 2003)

Marshall & Anor, Re Law Of Property Act 1925 [2003] EWLands LP_32_2001 (05 August 2003)

The restrictive covenant secures practical benefits of substantial advantage to the objectors by preserving their amenities and preventing intensification of development on the estate. The requirements of section 84(1)(aa) are not satisfied, and the Tribunal has no discretion to modify the covenant.

Citation
[2003] EWLands LP_32_2001
Parties
Applicant: Graham Robert Marshall; Applicant: Sandra Mary Marshall; Objector: D E Burt; Objector: Mrs S Kearsley; Objector: Mr J K Lawson; Objector: Mrs P Lawson; Objector: Mr B R Hill; Objector: Mrs G M Hill; Objector: Mrs K B Scholey; Objector: Mrs J M Reast
Jurisdiction
England and Wales
Judgment Date
05 August 2003
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing
Outcome
application dismissed
Legal Topics
Restrictive Covenants, Modification of Covenants, Land Use, Planning Permission
Property Law Restrictive Covenants Modification of Covenants Land Use Planning Permission

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Parties

Graham Robert Marshall

Applicant

Sandra Mary Marshall

Applicant

D E Burt

Objector

Mrs S Kearsley

Objector

Mr J K Lawson

Objector

Mrs P Lawson

Objector

Mr B R Hill

Objector

Mrs G M Hill

Objector

Mrs K B Scholey

Objector

Mrs J M Reast

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing

Legal Issues

  1. 1 Whether the restrictive covenant should be modified to permit erection of a dormer bungalow in the rear garden of 2 The Courtway under section 84(1)(aa) of the Law of Property Act 1925

Ratio Decidendi

The restrictive covenant secures practical benefits of substantial advantage to the objectors by preserving their amenities and preventing intensification of development on the estate. The requirements of section 84(1)(aa) are not satisfied, and the Tribunal has no discretion to modify the covenant.

Court Disposition

application dismissed

Orders

  • The application to modify the restrictive covenant is refused.
  • The applicants are ordered to pay the objectors' costs totalling £1043.50.