Decision Nº LP 13 2018. Upper Tribunal (Lands Chamber), 14-01-2020 , [2020] UKUT 0008 (LC)
| Jurisdiction | UK Non-devolved |
| Judge | Mr Paul Francis FRICS Martin Rodger QC, Deputy President |
| Neutral Citation | [2020] UKUT 0008 (LC) |
| Date | 14 January 2020 |
| Court | Upper Tribunal (Lands Chamber) |
| Judgement Number | LP 13 2018 |
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Neutral citation number: [2020] UKUT 0008 (LC)
UTLC Case Number: LP/13/2018
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
RESTRICTIVE COVENANTS – MODIFICATION – restriction to one dwellinghouse per
plot on small estate – modification sought to permit one additional house on largest plot –
whether restriction secured practical benefit of substantial value or advantage - whether
modification would set a damaging precedent – whether compensation payable for short
term disruption caused by building works – application allowed – compensation for
temporary disturbance payable to some objectors – Law of Property Act 1925, s.84(1)(aa)
and (c).
IN THE MATTER OF AN APPLICATION UNDER SECTION 84(1),
LAW OF PROPERTY ACT 1925
Between
MR ANTHONY STEPHEN MARTIN
and
MR MICHAEL LIPTON
and others
Applicants
Objectors
Re: Oak House,
11 Oakfield Glade,
Weybridge,
Surrey
Before: Martin Rodger QC, Deputy Chamber President and Paul Francis FRICS
Royal Courts of Justice
11-12 December 2019
Mr Jonathan Upton instructed by Dentons UK & Middle East LLP, for the applicant
Mr Andrew Skelly instructed by Hunters, solicitors, for 21 represented objectors
Mr Julian Adams, on his own behalf
© CROWN COPYRIGHT 2020
UPPER TRIBUNAL (LANDS CHAMBER)
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The following case is referred to in this decision:
Shephard v Turner [2006] 2 P. & C.R. 28
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