Joyce & Anor, Re Law Of Property Act 1925 [2004] EWLands LP_13_2002 (3 February 2004)

Joyce & Anor, Re Law Of Property Act 1925 [2004] EWLands LP_13_2002 (3 February 2004)

The Tribunal found that the continued existence of the restrictions did not secure practical benefits of substantial value or advantage to the objectors, that any loss or disadvantage could be adequately compensated by money, and that the requirements of section 84(1)(aa) were satisfied. The Tribunal ordered modification of the covenants to permit the proposed development, subject to payment of compensation to the objectors and a drainage undertaking. The applicants failed to substantiate ground (c) as minor disadvantages did not amount to no injury.

Citation
[2004] EWLands LP_13_2002
Parties
Applicant: Robert Joyce; Applicant: Margaret Joyce; Objector: David Barber; Objector: Karen Barber; Objector: Elizabeth Mary Scott; Objector: Derek Elliott; Objector: Shirley Elliott; Objector: Anthony Robert Fletcher Thompson; Objector: David John Lawrence; Objector: Margaret Lawrence; Objector: Gary Malkin; Objector: Lucy Malkin
Jurisdiction
England and Wales
Judgment Date
03 February 2004
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision and Order
Outcome
Application for modification of restrictive covenants granted; application for discharge not substantiated.
Legal Topics
Restrictive Covenants, Modification of Covenants, Compensation for Modification, Land Use, Planning Permission
Property Law Restrictive Covenants Modification of Covenants Compensation for Modification Land Use Planning Permission

Case Brief

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Parties

Robert Joyce

Applicant

Margaret Joyce

Applicant

David Barber

Objector

Karen Barber

Objector

Elizabeth Mary Scott

Objector

Derek Elliott

Objector

Shirley Elliott

Objector

Anthony Robert Fletcher Thompson

Objector

David John Lawrence

Objector

Margaret Lawrence

Objector

Gary Malkin

Objector

Lucy Malkin

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision and Order

Legal Issues

  1. 1 Whether restrictive covenants should be modified to permit development of an additional dwellinghouse
  2. 2 Whether the covenants secure practical benefits of substantial value or advantage to the objectors
  3. 3 Whether money is adequate compensation for any loss or disadvantage to the objectors

Ratio Decidendi

The Tribunal found that the continued existence of the restrictions did not secure practical benefits of substantial value or advantage to the objectors, that any loss or disadvantage could be adequately compensated by money, and that the requirements of section 84(1)(aa) were satisfied. The Tribunal ordered modification of the covenants to permit the proposed development, subject to payment of compensation to the objectors and a drainage undertaking. The applicants failed to substantiate ground (c) as minor disadvantages did not amount to no injury.

Court Disposition

Application for modification of restrictive covenants granted; application for discharge not substantiated.

Orders

  • Restrictive covenants in the conveyances dated 4 June 1931 and 12 March 1958 modified to permit erection of a detached house on the application site in accordance with the planning permission dated 31 October 2001 or any renewal thereof, including external facing materials and landscaping as approved.
  • Applicants to supply a drainage undertaking to each objector within three months of the decision.