Webinars by Practice Area
Modifying Restrictive Covenants
Available from: 08/07/2021
Section 84 of the Law of Property Act 1925 gives the Upper Tribunal power to modify or discharge freehold restrictive covenants.
When will this discretion be exercised?
What evidence should the burdened land produce; and how can the benefitted land ensure protection remains?
This webinar will look at:
- Obsolescence: what does it mean, how is it proved?
- Views, privacy, seclusion – when are these ‘practical benefits of substantial value or advantage’?
- 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?