As demand for housing rises, lawyers are deploying s 84 applications to overcome the barrier of restrictive covenants. Andrew Francis offers advice
- Discharging or modifying restrictive covenants over freehold land. Using s 84(1) of the Law of Property Act 1925.
- Why this is a useful jurisdiction now.
The importance of the jurisdiction under s 84 of the Law of Property Act 1925 cannot be overestimated. The government’s housing and new national planning policy framework seeks to release land for much needed housing. There is a new Garden City movement supported by the government. As it is economic to develop to a greater intensity, a policy generally favoured under planning law, land values warrant steps being taken to remove covenant problems. Finally, there has been a growth in the re-use of sites where obsolescent houses are suitable for demolition with either replacement houses, or a greater number of houses, or flats being built.
The barriers
In this context, restrictive covenants often act as a barrier to the carrying out of the policies referred to above. In the absence of agreement,
