Modifying Restrictive Covenants - Exploring the Latest Case Law with Sarah Thompson-Copsey

Introduction

Covenants that restrict the user of land can make it difficult for individuals to extend their homes or sell off part of their gardens, as well as blight the profits of professional developers and detract from the value of the land.

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 intermediate level webinar will look at the practical lessons to be drawn from recent case law.

What You Will Learn

This webinar will cover the following:

• What is a ‘practical benefit of substantial value or advantage’? Privacy, views and rural aspects - or money? Father’s Field v Namulas; Creebay v Deninson; Hicks v Holland Park
• Planning permission: not always necessary nor determinative Thomson v Collins; Derreb
• ‘Contrary to public interest’ - lessons for developers from the Supreme Court in Alexander Devine
• Office to residential? Modifying lease user covenants: Shaviram Normandy; Edgware Road v Church Commissioners; Payne v Maldon

This webinar was recorded on 10th March 2022