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Real Estate & Property Law
Remedies & Enforcement
Property Litigation
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

Restrictive covenants can exist as hangovers from property transactions in the distant past which continue to limit certain types of use or future development of a property. But what happens when restrictions which no longer serve a beneficial purpose continue to restrict potentially useful development of the property? This podcast explores the limited discretionary power under s.84 of the Law of Property Act 1925 to modify or discharge such restrictions. It provides a useful overview of the relevant law, practice and procedure and some tactical pointers for practitioners in this area.

After completing the course you will:
  • Understand when one might wish to make an application under s.84 of the Law of Property Act 1925;
  • Know the relevant jurisdiction for dealing with applications under s.84;
  • Appreciate the legal framework that underpins an application to the Upper Tribunal (Lands Chamber);
  • Have considered the specific grounds central to an application to discharge or modify a restriction and when to rely on each of them;
  • Have considered the powers of the Lands Tribunal when the restriction in question falls within the scope of s.84(1);
  • Know who can make an s.84 application and who can object to one;
  • Know what needs to be included in an application;
  • Appreciate the potential basis of compensation under s.84 if an application succeeds and understand how compensation will be measured;
  • Be aware of the costs considerations in s.84 applications;
  • Be able to weigh the costs/benefits of pursuing a s.84 application.
Specialist Difficulty: 5 of 5
Legal Principles
Practical Guide
Sources and References:
  • Housing Act 1985;
  • Hunt’s Application of (1996);
  • Law of Property Act 1925;
  • Leasehold Reform Act 1967;
  • Luckies v. Simons [2003] 2 P&CR;
  • Re Bass Ltd’s Application (1973) 26 P&CR 156;
  • Re Shaw’s Application (12.2.09);
  • Re Truman, Hanbury Buxton & Co Ltd’s Application [1956]1 QB 261;
  • Thames Valley Holdings Ltd v. National Trust [2012] EWCA Civ 1019;
  • Town & Country Planning Act 1990;
  • Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010;
  • Tribunals, Courts and Enforcement Act 2007;
  • Westminster City Council v the Duke of Westminster 1991 4 All ER 1388;
  • Winter v. Traditional & Contemporary Contracts Ltd [2007] EWCA Civ 1088;
  • Zenios v. Hampstead Garden Suburb Trust Limited [2011] EWCA Civ 1645.

In this podcast Toby Watkin from Landmark Chambers provides some practical advice as to how to consider and approach applications to modify or discharge restrictive covenants under s.84 of the Law of Property Act 1925.

Date Recorded: 24th September 2012

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