Burt, Re The Ridings [2008] EWLands LP_43_2006 (21 November 2008)

Burt, Re The Ridings [2008] EWLands LP_43_2006 (21 November 2008)

Restriction is not obsolete, but proposed use is reasonable and restriction does not secure practical benefits of substantial value or advantage; compensation of £100 per objector is adequate; modification granted subject to payment.

Citation
[2008] EWLands LP_43_2006
Parties
Applicant: Mr and Mrs A P Burt; Objector: Residents of The Ridings (Mrs D Cotton, Mr and Mrs R Morley, Mr and Mrs R F Russell, Mr and Mrs H D Dowling, Mr D Howe, Mr and Mrs J Hooper, Mrs L Foster, Mr I Lucas, Mr C D Bowers, Mr M Smith)
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Application for Modification of Restrictive Covenant / Final Decision
Outcome
application granted subject to compensation
Legal Topics
Modification of Restrictive Covenants, Law of Property Act 1925 S84, Residential Development, Compensation for Modification
Property Law Modification of Restrictive Covenants Law of Property Act 1925 S84 Residential Development Compensation for Modification

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Parties

Mr and Mrs A P Burt

Applicant

Residents of The Ridings (Mrs D Cotton, Mr and Mrs R Morley, Mr and Mrs R F Russell, Mr and Mrs H D Dowling, Mr D Howe, Mr and Mrs J Hooper, Mrs L Foster, Mr I Lucas, Mr C D Bowers, Mr M Smith)

Objector

Procedural Posture

Application for Modification of Restrictive Covenant / Final Decision

Legal Issues

  1. 1 Whether the restrictive covenant is obsolete under s84(1)(a) Law of Property Act 1925
  2. 2 Whether the proposed use is reasonable under s84(1)(aa)
  3. 3 Whether the restriction secures practical benefits of substantial value or advantage

Ratio Decidendi

Restriction is not obsolete, but proposed use is reasonable and restriction does not secure practical benefits of substantial value or advantage; compensation of £100 per objector is adequate; modification granted subject to payment.

Court Disposition

application granted subject to compensation

Orders

  • Restrictive covenant in paragraph 1 of Third Schedule to conveyance dated 7 September 1979 modified to permit erection of additional detached dwelling in accordance with planning permission BH/05/02689/FUL or renewal thereof.
  • Applicants to pay £100 compensation to each of ten objectors (total £1,000) within three months.