Modifying Restrictive Covenants - Easy or Not?
Development land can be blighted by covenants restricting or prohibiting building - such land is less valuable for owners and less attractive to developers.
So, how easy is it to modify such a covenant?
When will the tribunal exercise its discretion and what sort of evidence will the tribunal require?
This webinar will look at the practical lessons to be drawn from recent case law.
What You Will Learn
This webinar will cover the following:
- Understanding & working around ‘practical benefit of substantial value’: lessons learned from Martin v Lipton; Miller v Subhani, Derreb
- Developing agricultural land: Jackson v Roselease; O’Byrne
- Modifying lease covenants for development: Berkeley Square; Edgware Road v Church Commissioners; Shaviram v Basingstoke BC
- When to apply to the tribunal, and how to maximise the chances of success: voluntary conditions & modifications
This webinar was recorded on 18th June 2020