Modifying Restrictive Covenants - A Case Law Roundup for Property Professionals

Introduction

A covenant that restricts the use of land can inhibit development and have a dampening effect on the value of the land. But how easy is it to modify or even remove such a covenant? And what sort of evidence will convince a tribunal to exercise its discretion, under s84 of the Law of Property Act 1925?

This intermediate level webinar, aimed at those advising homeowners, as well as developers, will consider how best to maximise the use - and potentially the value - of the burdened land will look at the practical lessons to be drawn from case law, both recent and established.

What You Will Learn

This webinar will cover the following:

• Modifying the restrictions to allow development: large & small: Cheung v MacKenzie; McDonagh v Reeve; Doherty v Pashkin; Naidu v Morton
• ‘Practical benefits of substantial value or advantage’: don’t underestimate the impact of privacy, views, rural aspects and ‘amenity’: Quantum (Barrowsfield) v Bell; Livett v Henning
• Using the 1925 Act to allow leasehold commercial premises to be converted into residential: Great Jackson Street Estate v Manchester CC; Schwarzschild Ochs Pty
• Changing the use of the land: can it be done? Hodgson v Cook; Re: 44 Knights Hill

This webinar was recorded on 8th February 2024