Alisha House, Re v [2008] EWLands LP_83_2005 (14 March 2008)

Alisha House, Re v [2008] EWLands LP_83_2005 (14 March 2008)

The restrictive covenant is discharged because it is obsolete and does not secure practical benefits of substantial value or advantage to the objector, and the objector would not be injured by its discharge. Compensation is awarded based on the reduction in consideration at the time of imposition, not a negotiated share of development value.

Citation
[2008] EWLands LP_83_2005
Parties
Applicant: John Derek Graham; Objector: Easington District Council
Jurisdiction
England and Wales
Judgment Date
14 March 2008
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing
Outcome
Application for discharge of restrictive covenant granted
Legal Topics
Restrictive Covenants, Discharge or Modification of Covenants, Compensation for Discharge, Residential Redevelopment, Industrial Land Use
Property Law Land Use Planning Law Restrictive Covenants Discharge or Modification of Covenants Compensation for Discharge Residential Redevelopment Industrial Land Use

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Parties

John Derek Graham

Applicant

Easington District Council

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  1. 1 Whether the restrictive covenant is obsolete under s84(1)(a)
  2. 2 Whether the covenant impedes reasonable use and secures practical benefits of substantial value or advantage under s84(1)(aa)
  3. 3 Whether the objector has agreed to the application by implication under s84(1)(b)

Ratio Decidendi

The restrictive covenant is discharged because it is obsolete and does not secure practical benefits of substantial value or advantage to the objector, and the objector would not be injured by its discharge. Compensation is awarded based on the reduction in consideration at the time of imposition, not a negotiated share of development value.

Court Disposition

Application for discharge of restrictive covenant granted

Orders

  • Restrictive covenant discharged under section 84 of the Law of Property Act 1925
  • Applicant to pay compensation of £23,500 to the objector