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Royal Courts of Justice
Strand, London WC2A 2LL
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
RESTRICTIVE COVENANTS – DISCHARGE OR MODIFICATION – covenant not to alter the external appearance or construct additional buildings – proposal to erect a single storey rear extension and carry out a loft conversion with rear dormer roof extension - whether covenant secures practical benefits of substantial value or advantage – application for modification granted
AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY ACT 1925
BETWEEN
SEAN DENIS DOHERTY (1)
DINO ZOCCHEDDU (2)
Applicants
-and-
ALEXANDER PASKHIN
Objector
Re: 4 Kerfield Place,
London,
SE5 8SX
Mrs Diane Martin MRICS FAAV
4 July 2023
Royal Courts of Justice
Decision Date: 10 August 2023
The applicants representing themselves
© CROWN COPYRIGHT 2023
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- Introduction
- Factual background
- The legal background
- Statutory provisions
- The application
- Ground (a) – the restriction ought to be deemed obsolete
- Ground (b) – those entitled to the benefit have agreed to discharge or modification
- Ground (aa) and the conditions to be fulfilled under s.84 (1A)
- Does impeding the proposed uses secure practical benefits of substantial value or advantage?
- Would money be an adequate compensation for loss or disadvantage caused by modification
- General considerations
- Conclusions