[2024] UKUT 123 (LC)

This is an application under s.84, Law of Property Act 1925for the Tribunal to discharge a covenant that burdens the title of farmland situated between Sandwich and Minster in Kent (‘the application land’). The covenant prevents the use of the land for any purpose other than agriculture.

The applicant, Mr Robertson, is the registered owner of the application land which forms part of Ebbsfleet Farm. He purchased the land in 2000.

I inspected the application land on 1 March 2024 accompanied by Mr Robertson and Mr Mark Chandler of Finn’s, representing the objectors, Mr and Mrs Pace. I also inspected the benefitted land (‘the benefitted land’) which mostly comprises an area of woodland but also includes a narrow strip of land to the west of the woodland which is used for agricultural purposes by the applicant under a tenancy from the objectors. The benefitted land additionally includes most of a former farmyard and buildings to the south of the woodland. The land was acquired by the objectors in or around 2013. Whilst on the site visit, I noted the position of a solar farm, an anaerobic digester, and various former farm buildings, all of which were also located to the south of the woodland. The significance of these items will become apparent later in the decision.

At the hearing the applicant was represented by Mr Christian Fox of counsel and the objector by Mr James Fuller, also of counsel. I am grateful to them both.