This section of the site contains information on various matters relating to restrictive covenants:
To use the The Upper Tribunal (Lands Chamber) website to search for decisions in restrictive covenant cases (or indeed any other case) click here.
- Benefit of covenants - Has the person who wants to enforce the covenant got the benefit of it?
- Burden - Is the person who wants to carry out the development subject to the burden of the covenant?
- Consent to development - Can the person with the benefit unreasonably withhold consent?
- Enforcing covenants - Injunction or damages in lieu?
- Interpretation of covenants - a recent case on the meaning of "a private dwelling house".
- Modification of restrictive covenants under s84 of the 1925 Act to allow the development to proceed - when will this happen, what do you need to establish, how is compensation assessed, what is the procedure?
- Variation under s610 of the Houinsg Act 1985 to allow conversion from one large house to a number of smaller dwellings - a procedure often overlooked
For the enforcement of positive covenants click here.