Steven Stuart Johnson & Anor, An Application by

Steven Stuart Johnson & Anor, An Application by

The Tribunal found that the restrictive covenants impede a reasonable use of the property for an Ofsted registered childminding business, that the proposed use is reasonable, and that there are no identified beneficiaries of the restrictions. The Tribunal is satisfied that the modification should be granted under section 84(1)(aa).

Parties
Applicant: Steven Stuart Johnson; Applicant: Lisa Marie Johnson
Jurisdiction
England and Wales
Judgment Date
10 November 2022
Procedural Posture
Application to Modify Restrictive Covenant / Determination on Written Representations
Outcome
Application granted
Legal Topics
Restrictive Covenants, Modification of Covenants, Childminding Business, Section 84 Law of Property Act 1925
Property Law Restrictive Covenants Modification of Covenants Childminding Business Section 84 Law of Property Act 1925

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Parties

Steven Stuart Johnson

Applicant

Lisa Marie Johnson

Applicant

Procedural Posture

Application to Modify Restrictive Covenant / Determination on Written Representations

Legal Issues

  1. 1 Whether the restrictive covenants impede a reasonable use of the property for an Ofsted registered childminding business
  2. 2 Whether the proposed use is reasonable in the absence of planning permission
  3. 3 Whether the modification of the covenants is justified under section 84(1)(aa) of the Law of Property Act 1925

Ratio Decidendi

The Tribunal found that the restrictive covenants impede a reasonable use of the property for an Ofsted registered childminding business, that the proposed use is reasonable, and that there are no identified beneficiaries of the restrictions. The Tribunal is satisfied that the modification should be granted under section 84(1)(aa).

Court Disposition

Application granted

Orders

  • The restrictive covenants in the Charges Register for 44 Knights Hill, Aldridge, Walsall WS9 0TG are modified under section 84(1)(aa) of the Law of Property Act 1925 to permit an Ofsted registered childminding business, subject to the applicants signifying acceptance within three months.