Introduction to Restrictive Covenants (Freehold Land)

AuthorWilliam Webster/Robert Weatherley
Pages237-240
PART IV
RESTRICTIVE COVENANTS (FREEHOLD LAND)

Chapter 23


Introduction to Restrictive Covenants (Freehold Land)

23.1 This Part is concerned with restrictive covenants in the case of freehold land which interfere with the use and development of such land. The function of restrictive covenants is to enhance the market value, residential amenity or neighbourhood characteristics of land which enjoys the benefit of such restrictions, which impact on the use of the burdened land. They are a valuable tool in the hands of landowners who either genuinely wish to prevent or control development on neighbouring land or who merely seek to profit from the very existence of restrictions which may have only a trivial impact on the amenity or use of their own land, and for whose release or modification a ransom must be paid if permitted development is to take place, at least without recourse to...

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