Restrictive Covenants

Restrictive covenant prevents development of bungalow

Authored on September 14th, 2017

Planning permission is usually all that you need to turn your development plans into reality – but not always. In one case, a restrictive covenant enshrined in title deeds before the Second World War was enough to defeat proposals for a new bungalow.

Restrictive covenant modified to allow former pub to be redeveloped

Authored on June 26th, 2017

Covenants that restrict the use of land can be discharged or modified if they have ceased to serve a useful purpose and are of no real benefit to local people. In one case that proved this point, the Upper Tribunal (UT) opened the way for the conversion of a hotel and pub into a convenience store.

Restrictive Covenant Modification Enables Home Development

Authored on May 26th, 2017

Restrictive covenants often date back many years and a delicate balance sometimes has to be struck between their enforcement and the public interest in efficient use of the increasingly scarce supply of suitable land. In a recent case, the Upper Tribunal (UT) had to balance the public interest against the rights of the beneficiaries of a covenant when considering whether the covenant should be modified to enable the development of a new home.

University Boathouse Plans Stymied by Victorian Restrictive Covenant

Authored on November 25th, 2016

Many cherished patches of green in urban areas are protected from development by restrictive covenants that date back many years. Their antiquity, however, does not make them any less enforceable, as a university discovered when its plans to develop a state-of-the-art new boathouse were stymied.

Property Owners – Watch Out for Restrictive Covenants!

Authored on October 25th, 2016
New Build

Restrictive covenants that can place serious constraints on property owners' use of their land lurk in many old title deeds and it often needs a professional eye to detect them. In one case, however, a woman succeeded in modifying one such covenant which stood in the way of her residential development plans.

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