Restrictive Covenant Application: Publicity Notice
| Published date | 21 March 2018 |
| Subject Matter | Lands Chamber (Upper Tribunal) forms |
LP/………… / …………
Restrictive Covenant Application: Publicity notice
Take notice that an application under section 84 of the Law of Property Act 1925 to [discharge/modify/discharge or modify] [please select one option here.] a restrictive covenant affecting the land referred to below has been made to the Tribunal. If you are legally entitled to the benefit of the covenant and you wish to object to the application, you should object within 1 month of the date of this notice.
The application relates to land at …………
The applicant is …………
of …………
The covenant contained in a [insert type of document/instrument, eg conveyance] dated [insert date of instrument] made between [insert names of all parties to the instrument] in respect of which the application is made contains the following restriction:
[e.g. to use the land as a private dwelling house only. Please note that the restriction must be set out in full and not paraphrased or abbreviated]
…………
Set out either A or B (deleting the one that does not apply) or set out both; do not combine the two sections into one
A. The application seeks the discharge of the restriction on the following grounds [omit grounds that do not apply. Please do not add additional information]:
(a) that the restriction ought to be deemed obsolete;
(aa) that unless discharged the covenant would impede the use of the land as [insert planned use e.g. the land to be used for offices] ……..; that such use is a reasonable use; that in impeding that use the restriction does not secure to the persons entitled to the benefit of it any practical benefits of substantial value or advantage; and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the discharge;
(b) that the persons of full age and capacity entitled to the benefit of the restriction have agreed, expressly...
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