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England and Wales decisions
Decisions matching the current search
The Upper Tribunal dismissed an application to modify restrictive covenants on recently sold garages, holding they secured practical estate-management benefits and that prompt release was discretionary refused.
The Upper Tribunal modified a restrictive covenant to allow a bungalow at 3 Teversham Road, finding the covenant’s benefits were not of substantial value and awarding compensation.
Supreme Court case on section 84 restrictive covenants: cynical breach was irrelevant at jurisdiction, but crucial at discretion; the modification was refused.
Roland Stafford Flowers v Linstone Chine Management Company Ltd [2016] EWCA Civ 674 (04 May 2016)
The Court of Appeal granted permission to appeal against refusal to discharge a restrictive covenant, except on one new ground not raised below.
Bathurst Ltd, Re: Grasslands [2009] EWLands LP_13_2007 (27 March 2009)
The Lands Tribunal modified restrictive covenants over Grasslands to allow a second dwelling and garage, finding the estate road covenant gave the objector no practical benefit.
Hopkins, Re: Land at 14 Mead Close Andover [2008] EWLands LP_89_2006 (07 July 2008)
The Lands Tribunal refused to discharge or modify a restrictive covenant preventing more than one dwellinghouse and garage at 14 Mead Close, finding the covenant still valuable.
The Court of Appeal upheld refusal to discharge a restrictive covenant, finding it still gave the neighbour substantial practical benefit by protecting privacy.
Duffield & Anor v Gandy [2008] EWCA Civ 379 (17 April 2008)
The Court of Appeal dismissed a challenge to a Lands Tribunal ruling that a restrictive covenant protecting privacy gave Mrs Gandy practical benefits of substantial value.
O'Brien & Anor v [2008] EWLands LP_8_2005 (22 February 2008)
The Tribunal modified a restrictive covenant to allow a conservatory and garden wall removal, finding the covenant was not obsolete but no substantial practical benefit justified refusal.
Mahavir Foundation Ltd v The Harrow Weald Park Estate Preservation & Anor [2007] EWCA Civ 1007 (30 July 2007)
The Court of Appeal refused permission to appeal in a section 84 covenant case, holding that the Lands Tribunal was entitled to refuse modification of the restriction.
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