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England and Wales decisions
Decisions matching the current search
The Upper Tribunal modified a recent restrictive covenant to allow a third dwelling, finding the covenant no longer gave Rysa a practical benefit of substantial value.
The Upper Tribunal modified a restrictive covenant on a former doctors’ surgery to allow other medical or health services, finding section 84(7) did not apply.
The Upper Tribunal refused an application to modify restrictive covenants over a Fulham property, finding they still protected Bishop’s Mansions from noise, fumes, privacy loss and security risks.
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.
The Upper Tribunal partly modified a restrictive covenant to let ground floor works proceed, but refused modification for roof alterations that would overbear the neighbour’s property.
The Upper Tribunal refused to modify a restrictive covenant over a Becontree Estate property, finding it was not obsolete and still protected the objector’s retained property.
Great Jackson St Estates Ltd v Council of the City of Manchester [2025] EWCA Civ 652 (19 May 2025)
The Court of Appeal held that leasehold restrictive covenants gave Manchester Council practical benefits of substantial value in controlling redevelopment of the site, so section 84 relief failed.
The Court of Appeal dismissed an appeal about restrictive covenants, holding they gave Manchester City Council practical control and substantial advantage under section 84 of the Law of Property Act 1925.
The Upper Tribunal modified a restrictive covenant for a former warden scheme site, allowing general residential use, and discharged a consent covenant as obsolete.
The Upper Tribunal refused to modify a restrictive covenant preventing redevelopment of land at Smugglers Hyde, finding the covenant secured substantial practical benefits for the objector.
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