Decision Nº LP 6 2019. Upper Tribunal (Lands Chamber), 19-03-2020 , [2020] UKUT 0077 (LC)
| Jurisdiction | UK Non-devolved |
| Judge | Martin Rodger QC, Deputy President |
| Neutral Citation | [2020] UKUT 0077 (LC) |
| Date | 19 March 2020 |
| Court | Upper Tribunal (Lands Chamber) |
| Judgement Number | LP 6 2019 |
UPPER TRIBUNAL (LANDS CHAMBER)
UT Neutral citation number: [2020] UKUT 0077 (LC)
UTLC Case Number: LP/6/2019
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
RESTRICTIVE COVENANTS – MODIFICATION – covenant against alterations to new
dwelling without consent of developer – covenantee refusing consent to enlargement of garage
and creation of additional accommodation – application by original covenantor to modify or
discharge covenant to permit enlargement – covenant imposed only three years before
application – risk of breaches of other covenant if modification allowed – whether use
reasonable – whether discretion should be exercised – s.84(1)(aa), (c), Law of Property Act 1925
– application refused
IN THE MATTER OF AN APPLICATION UNDER SECTION 84(1), LAW OF
PROPERTY ACT 1925
BETWEEN
MR NEIL MARTIN O’CALLAGHAN
MRS MAUREEN MARTHA O’CALLAGHAN
and
Applicants
(1) MR GARY MIDDLETON
(2) MR MICHAEL STEVENS AND MRS GILLIAN
STEVENS
(3) MR STEPHEN SMITH AND MRS SUSAN SMITH
(4) WAINHOMES (NORTH WEST) LIMITED
Objectors
Re: 5 Illidge Close,
Willaston,
Cheshire CW5 7SR
Martin Rodger QC, Deputy Chamber President
28 February 2020
Manchester Civil Justice Centre
Mr Michael Barrow, instructed by Hall Smith Whittingham LLP, for the applicants
Ms Emily Duckworth, instructed by Brabners, solicitors, for the objectors
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