Modifying Restrictive Covenants - Practical Lessons from Case Law
Covenants that restrict land use - including those in some leases - can make land unattractive to developers and to homeowners who want to maximise the value of their property. 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:
- Is planning permission an essential first step? Derreb; Hancock
- ‘Contrary to public interest’ - lessons for developers from the Supreme Court in Alexander Devine
- A ‘practical benefit of substantial value or advantage’ - the Tribunal’s approach to light, space, views, privacy - and how to address this Creebay v Deninson
- Using s84 to modify lease user covenants and s52 agreements: Shaviram Normandy; Edgware Road v Church Commissioners; Payne v Maldon
- Why communication is key: offering fresh restrictions and compensation Stephen v Lewis
This pre-recorded webinar will be streamed at 12:30pm on Tuesday 1st June 2021 and will remain available to view by delegates who have registered by then for 90 days.
at your organisation