Francis O'Hare v Trustees of the Hall Estate
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Judgment Date | 15 September 2021 |
| Neutral Citation | R/22/2017 (Part 2 - Costs) |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 15 September 2021 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
LANDS TRIBUNAL RULES (NORTHERN IRELAND) 1976
PROPERTY (NORTHERN IRELAND) ORDER 1978
IN THE MATTER OF A REFERENCE
R/22/2017
BETWEEN
FRANCIS O’HARE – APPLICANT
AND
ROGER HALL AND JOSEPH HALL AS TRUSTEES OF THE HALL ESTATE - RESPONDENTS
Re: 1 Alexander Drive, Warrenpoint
PART 2 - COSTS
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. The lands (“the reference lands”) which incorporated 1 Alexander Drive, Warrenpoint (“the
reference property”) were subject to a covenant which required the lessees to seek the
approval of the lessors if they intended to carry out building works on the reference lands.
The reference lands have been developed over a period of some 20 years and it was accepted
that plans etc. for the construction of the reference property had not been submitted to the
lessors, as required under the covenant.
2. Mr Francis O’Hare (“the applicant”) was the current lessee of the reference lands and he had
constructed a pair of semi-detached houses, including the reference property, on 16th April
2014, without the consent of the lessors. The semi-detached houses had been “sold on” but it
was a condition of sale of the reference property that an application would be made to the
Lands Tribunal under the Property (Northern Ireland) Order 1978 (“the Order”) seeking
extinguishment or modification of the covenant restricting development.
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