Restrictive covenants and development: A practical guide to modification and discharge

Conservatories, roof extensions, new housing, agricultural to commercial, commercial to residential – all projects which can be affected by covenants restricting the use or development of land; irksome for landowners and less attractive, in investment terms, for developers. Such covenants (which can burden freehold as well as leasehold land) can be modified – or even discharged by the Lands Tribunal under the Law of Property Act 1925, s84– to allow the owner to maximise the use, and potentially the value, of such land.

This intermediate level webinar draws practical lessons from recent case law on the sort of evidence needed to persuade a tribunal to exercise its discretion and how to maximise the client’s chances of success.

This webinar will include:

• Recognising the “practical benefits” secured by the covenant & why the impact of privacy, views, rural aspects and peace & quiet should never be underestimated;
• How the tribunal will assess whether the benefits are of “substantial value or advantage”: Williams v Thompson-Hall;; Harrison Ellis v Hunt
• Using the Act to change obsolete lease restrictions – when and how: Great Jackson Street Estate v Manchester CC; Schwarzschild Ochs Pty; Black Horse
• Tips for maximising the chances of a successful application; further restrictions; the impact on easements