Modifying Restrictive Covenants

Recorded on: 10/12/2020

Covenants that restrict the use of land can have a dampening effect on development and maximising the value of the land.

This session looks at the power of the Upper Tribunal to modify or discharge such covenants – both freehold, and in some cases leasehold. When will this discretion be exercised? What evidence should the burdened land produce; and how can the benefitted land ensure protection remains?

  • Public interest, cynical breaches – clarity from the Supreme Court in the Millgate case;
  • Obsolescence: what does it mean, how is it proved?
  • Views, privacy, seclusion – when are these “practical benefits of substantial value or advantage” – and what sort of evidence should the parties look for?
  • Is planning permission the defining factor to persuade the court to exercise its discretion?
  • What further modifications might the Tribunal impose – and would that include costs?


Watch a two minute preview of the webinar


Members:  £115.00

Non members:  £159.00

Sole practitioner:  £80.00

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