Modification and discharge of restrictive covenants – an update

The jurisdiction of the Upper Tribunal to modify or discharge restrictive covenants is well-used, with many new cases each year.  It is striking how many cases are decided in favour of the applicant, so as to permit development.  The issues which commonly arise are whether the proposed use of the land is a reasonable one, and whether the restriction gives any practical benefit to the objector; increasingly the courts defer to the planning authorities in relation to these issues.  But that is far from an invariable practice, and new guidance continues to emerge from the courts on these and other issues.

Topics covered in this webinar include:

• Obsolete covenants
• Planning law v. private contract rights
• Does an offer of compensation ‘buy’ modification?
• The use of restrictive covenants to secure payment of overage
• The jurisdiction to modify covenants in leases