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27 September 2018 / Edward Peters KC , Philip Sissons
Issue: 7810 / Categories: Features , Property
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Property law update

Edward Peters & Philip Sissons round up a selection of recent property cases

  • Modification of restrictive covenants.
  • Costs guidance in the First-tier Tribunal.
  • Residential property dispute deployment pilot.
  • Horizontal and vertical boundaries.

The Upper Tribunal has a discretionary jurisdiction to modify or discharge restrictive covenants under s 84 of the Law of Property Act 1925 (LPA 1925). The question of whether the tribunal can and will exercise that jurisdiction in a variety of different factual circumstances is often of substantial financial and personal importance, and continues to produce a steady flow of decisions.

In the recent case of Re Geall [2018] UKUT 154 (LC), the Upper Tribunal decided to exercise its jurisdiction pursuant to s 84 to modify a restrictive covenant to permit the conversion of a barn into a new dwelling house.

The applicant was the owner of property comprising a bungalow and a barn which was used for agricultural storage. The land was subject to restrictive covenants which restricted use of the land to a single private dwelling house. The applicant obtained planning permission to covert the barn to a

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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