[2024] UKUT 123 (LC)

Case No: LC-2023-354

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY ACT 1925

20 May 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – discharge – covenant restricting use of land to agricultural purposes – whether covenant was obsolete or could be discharged without injury - s.84(1) (a) and (c), Law of Property Act 1925 – application refused

BETWEEN:

STRUAN GORDON ROBERTSON

Applicant

-and-

JAMES AND ALEXANDRA PACE

Objectors

Land at Ebbsfleet Farm,

Ebbsfleet Lane,

Ramsgate,

CT12 5DL

Upper Tribunal Member Mr Mark Higgin FRICS FIRRV

12 March 2024

The Rolls Building

Mr Christian Fox instructed by Girlings Solicitors LLP, for the applicant

Mr James Fuller instructed by Excello Law, for the objectors

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Re Fermyn Wood [2018] UKUT 0411 (LC)

Re Truman, Hanbury, Buxton & Co. Ltd’s Application [1956] 1 QBD 261

Ridley v Taylor [1965] 1 WLR 611

1.