Crowe & Anor, Re [2008] EWLands LP_34_2006 (15 April 2008)

Crowe & Anor, Re [2008] EWLands LP_34_2006 (15 April 2008)

The restrictive covenant does not secure any practical benefit of substantial value to the objectors, and the proposed shed will not injure them; the modification is therefore granted under section 84(1)(aa) and (c) of the Law of Property Act 1925.

Source-derived case information.

Citation
[2008] EWLands LP_34_2006
Parties
Applicant: Philip Crowe; Applicant: Alison Heaton; Objector: John Alan Massey; Objector: Maureen Mary Massey
Jurisdiction
England and Wales
Judgment Date
15 April 2008
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision on Application for Modification of Restrictive Covenant
Outcome
application granted
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

Philip Crowe

Applicant

Alison Heaton

Applicant

John Alan Massey

Objector

Maureen Mary Massey

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision on Application for Modification of Restrictive Covenant

Legal Issues

  1. 1 Whether the restrictive covenant preventing erection of permanent structures without seller's consent should be modified to permit erection of a large garden shed
  2. 2 Whether the restriction is obsolete
  3. 3 Whether the beneficiaries of the restriction have agreed to its modification

Ratio Decidendi

The restrictive covenant does not secure any practical benefit of substantial value to the objectors, and the proposed shed will not injure them; the modification is therefore granted under section 84(1)(aa) and (c) of the Law of Property Act 1925.

Court Disposition

application granted

Orders

  • The restrictive covenant is modified to permit erection of the proposed shed on the existing concrete base in the south-east corner of Hafod, and subsequent erection of replacement sheds in the same position, subject to conditions: (1) replacement sheds must not be materially larger than the current shed; (2) the...
  • No compensation is payable to the objectors.