Webinars by Practice Area
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?