Michael Lackey v John Pearce & Anor
The restriction is not obsolete as the original purpose of maintaining lower density and spaciousness within the Mellanvrane Lane Estate continues to be achieved; changes outside the estate do not undermine the restriction's effect within its bounds.
- Parties
- Applicant: Michael Lackey; Objector: John Pearce; Objector: Susan Pearce
- Jurisdiction
- England and Wales
- Judgment Date
- 17 July 2024
- Procedural Posture
- Application Under Section 84 of the Law of Property Act 1925 / Final Determination
- Outcome
- application refused
- Legal Topics
- Restrictive Covenants, Modification of Covenants, Planning Consent, Obsolescence of Restrictions
Case Brief
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Parties
Michael Lackey
Applicant
John Pearce
Objector
Susan Pearce
Objector
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Determination
Legal Issues
- 1 Whether the restrictive covenant impeding erection of a new dwelling is obsolete under section 84(1)(a) of the Law of Property Act 1925
Ratio Decidendi
The restriction is not obsolete as the original purpose of maintaining lower density and spaciousness within the Mellanvrane Lane Estate continues to be achieved; changes outside the estate do not undermine the restriction's effect within its bounds.
Court Disposition
application refused
Full Case Text
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