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Conclusions
Conclusion
The covenant at sub-clause (6) of the 1962 conveyance was personal to the 1962 Vendor, Mr Warfield. It can therefore be discharged because it is obsolete, within the meaning of section 84(1)(a) of the Law of Property Act 1925 absolute, and the Tribunal will make an order so doing.
Upper Tribunal Judge Elizabeth Cooke
24 April 2025
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.