The more recently a restriction has been imposed, the stronger the case for modification must be
The Upper Tribunal (Lands Chamber) has granted an application to modify a restrictive building rule
Not so very long ago, the Court of Appeal decided that the separation of land that benefitted from a right of way into two parcels (leaving one of the parcels…
Wild Duck Ltd v Smith [2017] EWHC 1252 (Ch) concerned a development of up to 40 water park properties. The landowner had engaged a developer to market the plots and…
Landlord and tenant Covenants
Landlord and tenant – Covenants – Administration and management – Appellant taking assignment of commercial premises on industrial estate – Respondent landlords leaving heap of rubble near to entrance to…
Covenants – Benefit and burden – Payment – Conveyance of bungalows in holiday village – Conveyance imposing charge for maintenance of roads and recreational facilities over which rights granted –…
Covenants – Benefit and burden – Respondent acquiring estate roads on industrial estate – Vendors reserving right for themselves and successors in title to use roads and giving covenant regarding…
Neutral Citation Number: [2013] EWCA Civ 1103 Case No: A3/2013/0641 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION BIRMINGHAM DISTRICT REGISTRY…
Covenants Benefit and burden of covenant
Covenant – Communal areas – Service charge – Conveyance containing maintenance charge relating to recreational areas – Appellants declining to pay maintenance charge on ground that they had taken no…
Landlord and tenant – Alterations to flat – Landlord granting licence to alter flat by laying of wooden floors with under-floor heating – Appellants in flat below complaining of noise…