[2024] UKUT 00001 (LC)

Fecha: 02-Nov-2023

The application

The application

17.

The application was received by the Tribunal on 24 March 2023 and was for the discharge of the covenant on grounds (a), (aa), (b) and (c).

18.

The covenant is imposed by clause 4 of the conveyance dated 18 December 1980:

FOR the benefit and protection of the said adjoining and neighbouring land of
the Vendors and any part thereof and their successors in title the Purchaser for
itself and its successors in title covenants to observe and perform the restrictions
and stipulations contained in the Fourth Schedule hereto.

19.

The covenant is set out in schedule 4 of the conveyance:

‘That no building or buildings outbuildings or extensions shall be constructed on the plot of land hereby conveyed unless prior thereto the plan showing full particulars of such construction giving on such plan and specifications such information as the Vendors or their successors in title and their Surveyor shall require shall bear the written consent of the Vendors or their Surveyor endorsed thereon and no deviations or alterations thereto shall be permitted until the like consent shall first be obtained as aforesaid.’