Druces LLP’s Property Litigation team applied successfully to the Upper Tribunal (Lands Chamber) for the modification of restrictive covenants affecting a client’s site. The order was made following an application opposed by a number of parties claiming the benefit of the restrictive covenants. Druces LLP sought to resolve the objectors’ opposition through mediation in December 2013 and negotiated with objectors individually throughout January 2014 in order to achieve the modification by agreement. The last remaining objector’s application to be joined to the process was dismissed at a hearing today.
Restrictive covenants affecting land may be modified or discharged under s.84(1) of the Law of Property Act 1925 on grounds specified in that section, by application to the Upper Tribunal (Lands Chamber), formerly the Lands Tribunal. S.84(1) provides for payment of limited compensation to parties entitled to the benefit of restrictive covenants in certain circumstances. If you would like further information about modifying or discharging restrictive covenants affecting land or s.84(1) of the Law of Property Act 1925, please contactJulian Johnstone, head of Druces LLP’s Litigation team.