![[2023] UKUT 251 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png){kind=logo}
The covenant
The covenant
The covenant was imposed in a transfer dated 13 July 2005 between Mr Keck and Mrs Cunningham. It is as follows:
“not to use Lea Hurst other than as a single private residence” A second covenant relates to nuisance but does not form part of the application. It is worded as follows:
“not to do anything in or on the retained land and Lea Hurst that may be or may grow to be a nuisance annoyance or disturbance to the property”
- Heading
- Introduction
- The Facts
- The covenant
- The statutory provisions
- The application
- The objections
- Evidence for the applicant
- Mr Jeremy Keck
- Mr Anthony Jurkiw
- Evidence for the objectors
- Mr Barry Nix
- Expert Evidence
- Discussion
- Is the proposed use reasonable?
- Does the covenant impede the proposed use?
- Does prevention of the intended use secure practical benefits?
- Are the practical benefits of either substantial value or substantial advantage?
- Discretion
- Conclusions