[2024] UKUT 112 (LC)

This is the covenant that requires the landowner to obtain the consent of High Elms Properties Limited, the then vendor, for any building or structure on the land. This covenant is sought to be discharged on ground (a) in section 84 namely that it is obsolete. Reliance was placed on Crest Nicholson Residential (South) Ltd v McAllister [2002] EWHC 2443 where the Court of Appeal upheld the decision of Neuberger J (as he then was) in the High Court that when a company whose consent was required by a similar covenant had been dissolved the covenant was discharged.

High Elms Properties Limited was dissolved long ago. Mr Fuller did not pursue an argument that covenant 3(c) survived for the benefit of the other owners of properties on the Green Land. We take the view that the covenant was discharged when the company was dissolved, but insofar as it is necessary to do so we discharge it on ground (a) in section 84(1).