Turner & Anor, Re [2005] EWLands LP_45_2003 (07 March 2005)

Turner & Anor, Re [2005] EWLands LP_45_2003 (07 March 2005)

The requirements of section 84(1)(aa) are satisfied as the proposed use is reasonable, the restrictions do not secure practical benefits of substantial value or advantage to the objectors, and any minor adverse effects can be compensated by money. The requirements of section 84(1)(c) are not satisfied as some injury to objectors would occur, but this does not preclude modification under (aa).

Citation
[2005] EWLands LP_45_2003
Parties
Applicant: Robert George Turner; Applicant: Marcia Elizabeth Delphine Turner; Objector: Margaret Glennie; Objector: David Shephard; Objector: Anthony John Jones; Objector: June Patricia Avril Jones; Objector: Betty Christine Oxenham; Objector: Kevin Edward Stuart Moorhouse; Objector: Josephine Margaret Moorhouse; Objector: John Clive Harris; Objector: Sylvia Ellen Harris; Objector: Grahame Goddard White; Objector: Gillian Alice White
Jurisdiction
England and Wales
Judgment Date
07 March 2005
Procedural Posture
Application to Modify Restrictive Covenant / Final Decision
Outcome
application granted in part
Legal Topics
Restrictive Covenants, Modification of Covenants, Section 84 Law of Property Act 1925
Property Law Restrictive Covenants Modification of Covenants Section 84 Law of Property Act 1925

Case Brief

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Parties

Robert George Turner

Applicant

Marcia Elizabeth Delphine Turner

Applicant

Margaret Glennie

Objector

David Shephard

Objector

Anthony John Jones

Objector

June Patricia Avril Jones

Objector

Betty Christine Oxenham

Objector

Kevin Edward Stuart Moorhouse

Objector

Josephine Margaret Moorhouse

Objector

John Clive Harris

Objector

Sylvia Ellen Harris

Objector

Grahame Goddard White

Objector

Gillian Alice White

Objector

Procedural Posture

Application to Modify Restrictive Covenant / Final Decision

Legal Issues

  1. 1 Whether the restrictive covenants should be modified under section 84(1)(aa) and (c) of the Law of Property Act 1925 to permit the erection of a bungalow on part of the rear garden of 4 Orchard Close.

Ratio Decidendi

The requirements of section 84(1)(aa) are satisfied as the proposed use is reasonable, the restrictions do not secure practical benefits of substantial value or advantage to the objectors, and any minor adverse effects can be compensated by money. The requirements of section 84(1)(c) are not satisfied as some injury to objectors would occur, but this does not preclude modification under (aa).

Court Disposition

application granted in part

Orders

  • Restrictive covenants in the 1952 conveyance modified to permit erection of one single storey house or bungalow on the application site in accordance with planning permission dated 14 June 2002 or its renewal, subject to conditions: (a) replacement and protection of common sewer before building works; (b) no...
  • Applicants to pay specified compensation to objectors within three months as condition precedent to modification order taking effect.