Modifying Restrictive Covenants - Everything Property Professionals Need to Know

Introduction

Both freehold and leasehold land can be burdened by covenants restricting the use of the land making it less attractive in investment terms to developers. Section 84 of the Law of Property Act 1925 gives the Lands Tribunal, in some circumstances, a discretion to modify or even discharge those covenants where an alternative use is proposed.

This webinar, aimed at those advising landowners who want to maximise the use and potentially the value of such land, draws lessons from recent case law on the sort of evidence needed to convince a tribunal to exercise its discretion and how to maximise your client’s chances of success.

What You Will Learn

This webinar will cover the following:

• Recognising the ‘practical benefits’ secured by the covenant and why not to underestimate the impact of privacy, views, rural aspects, and peace and quiet
• How the tribunal will assess whether the benefits are of ‘substantial value or advantage’’: Hassan & Osman v Heath; Harrison Ellis v Hunt
• Using the Act to change obsolete lease restrictions: Great Jackson Street Estate v Manchester CC; Schwarzschild Ochs Pty; Black Horse
• Tips for maximising the chances of a successful application; further restriction; the impact on easements

This pre-recorded webinar will be available to view from Wednesday 1st July 2026

Alternatively, you can gain access to this webinar and 2,100+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.