Restrictive covenants
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View from the bar: Evaluating the public interest
In an age of substantial housing need, how easy is it to use the public interest ground to have a covenant modified?
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Preventing piecemeal change with restrictive covenants
A recent decision on benefits that are substantial enough to be protected by restrictive covenants
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Restrictive covenants: beware the discretion
Just when you think you have done everything you need to have a covenant discharged, the UT says no
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Restrictive covenants: limited jurisdiction under section 84 of the 1925 Act
The jurisdiction of the Upper Tribunal (Lands Chamber) to modify or discharge covenants…
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Blackhorse Investments (Borough) Ltd v Southwark London Borough Council
Restrictive covenant – Modification – Jurisdiction
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Fosse Urban Projects Ltd v Whyte and others
Restrictive covenant – Discharge or modification
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Clause in conveyance did allow retrospective modification of restrictive covenant
A 1947 conveyance contained a provision which allowed a restrictive covenant to be varied
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Restrictive covenants preventing building modified following change of circumstances
Tribunal granted an application to modify restrictive covenants which burdened land
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Back to Basics: Restrictive covenants
Why prospective buyers should be on alert when discovering the existence of restrictive covenants
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Clause in conveyance did not permit retrospective modification of restrictive covenant
Court rules Whitgift Educational Foundation cannot retrospectively depart from restrictions
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Reasons or underlying considerations?
Louise Clark analyses a case involving restrictive covenants and the decision-making process
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Covenants: irrelevant considerations can be fatal to refusal of consent
The court has upheld a restrictive covenant preventing the erection of dwellings