[2025] UKUT 135 (LC)

Mr and Mrs Ball have applied for the discharge, or alternatively the modification, of a covenant that burdens their land. Mrs Fulton, their next-door neighbour, objects. This is the Tribunal’s determination, on the basis of the parties’ written representations, of a preliminary issue, namely whether the covenant was personal to the original covenantee and is therefore now obsolete. The applicants have been represented by their solicitors, Taylor Walton LLP; written representations on behalf of the objector were written by Mr Andrew Francis of counsel.