Modifying Restrictive Covenants - Practical Lessons from Recent Case Law
Covenants that restrict the use of land or limit the number of buildings 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?
Presented by Sarah Thompson-Copsey, 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 sort of evidence will the Tribunal require to remove the covenant entirely, and is planning permission essential? Hancock v Scott; Derreb v Blackheath
- ‘Public interest’ and development in breach: the wrong approach and lessons from George Wimpey & Millgate v Smith
- What is meant by ‘practical benefit of substantial value’? Light, space, views, privacy: Dean v Freeborn; Hennessey v Kent; Re Ben Lynch; Re Surana’s Application