[2025] UKUT 139 (LC)

Case No: LC-2024-386

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

22 May 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANT – MODIFICATION – erection of enclosed porch extension across part of previously shared communal porch – erection of boundary fence to front garden severing previously shared communal access – restriction preventing alteration or addition without written consent – whether restriction should be deemed obsolete – whether restriction secures practical benefits of substantial value or advantage – whether money would be adequate compensation for loss or disadvantage – application refused

BETWEEN:

TEGA AWINORON AND EDWARD EDIRIN OTOMIEWO

Applicants

-and-

LONDON BOROUGH OF BARKING AND DAGENHAM

Objector

16 Urswick Road,

Dagenham,

Essex,

RM9 6EA

Mrs D Martin TD MRICS FAAV

Royal Courts of Justice

12 February 2025

Mr Ashley Thompson, instructed by AJ Reubens Solicitors for the applicants

Ms Natalie Pratt, instructed by Legal Services, London Borough of Barking and Dagenham

© CROWN COPYRIGHT 2025

The following cases are referred to in this decision:

Adams v Sherwood [2018] UKUT 0411 (LC)

Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] 1 WLR 4783 (SC)

Re Da Costa’s Application (1986) 52 P & CR 99

Stockport Metropolitan Borough Council v Alwiyah Developments (1986) 52 P&CR