Modification and Discharge of Restrictive Covenants 
Expires after 90 days
CPD Hours: 1
The procedure under s.84, Law of Property Act 1925 offers a way forward, permitting the discharge or modification of covenants which otherwise threaten to be difficult. Every year brings fresh examples of the exercise of this jurisdiction, and so it is necessary to be on top of the current approach of the courts.
Topics covered include:
- The relevance of the planning background, and the tension between public and private law.
- Benefits of the procedure in relation to unidentified right-holders.
- The grounds for applying, and which are most successful in practice.
- Recent case law, including modification of leasehold covenants.
- To identify where restrictive covenants present a risk.
- To anticipate the means of enforcement by right-holders.
- To know what needs to be proved to obtain modification or discharge.
- To understand how planning law fits in.
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