header-logo header-logo

17 October 2019 / Andrew Bruce
Issue: 7860 / Categories: Features , Property
printer mail-detail

Offices to flats: a rare modification?

Andrew Bruce explains the grounds for sweeping away a leasehold covenant under s 84 of the Law of Property Act 1925

Property practitioners will be well aware of the jurisdiction to modify restrictive covenants affecting freehold land conferred upon the Upper Tribunal (Lands Chamber) by s 84 of the Law of Property Act 1925. Freehold owners keen to develop their land will often rely upon one of the four grounds set out in s 84 to discharge or modify any valid and binding covenant which inhibits or prevents their desired development. Thus, obsolete covenants (ground (a)); or covenants which confer no practical benefit of substantial value (ground (aa)); or covenants where the beneficiaries agree (ground (b)); or covenants the discharge of which will cause no injury (ground (c)), may be swept away and constructive land development may be facilitated. But the jurisdiction is not limited to freehold covenants. Leasehold covenants may also be modified or discharged, and this article considers the recent case of Shaviram Normandy Ltd v Basingstoke and Deane Borough Council [2019] UKUT 256 (LC) in which a leasehold

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll