Resolving Disputes About Restrictive Covenants - s84 Law of Property Act
- Podcast Location:
- Download it here [file size: 18.7 MB]
- Categories:
-
Commercial Property
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast on covenants aims to address the nature of a restrictive covenant and its impact upon land, how that impact might be mitigated by the Lands Chamber, applications to the Chamber and other practical measures the parties might take to resolve their dispute concerning a covenant.
- Outcomes:
- After completing the course you will:
- Understand the nature of a restrictive covenant and their impact upon landowners and developers;
- Understand the circumstances in which section 84 can be invoked to remove a covenant from the title of a piece of land;
- Understand the powers of the Lands Chamber under section 84 and what an applicant must demonstrate;
- Understand some of the issues that go along with making an application to the Chamber;
- Be aware of other options available to negotiate a settlement with the dominant tenement owner of the covenant.
- Level:
- General Interest
- Classification:
-
Legal Principles
Practical Guide
- Sources and References:
-
- Law of Property Act 1925 s84;
- Tulk v Moxhay [1848] EWHC Ch J34;
- Re Hextall’s Application (1998) 79 P&CR 382;
- Re 25 Ingram Avenue [2010] UKUT 260 (LC);
- Graham v Easington District Council [2008] EWCA Civ 1503;
- Re Marcello Development Ltd’s Application [2001] EWLands LP_18_1999.
This podcast is about how the impact of a restrictive covenant can be mitigated by an application to the Lands Chamber. It address how this can be achieved and the steps involved.
Podcast added: 1/11/2011
