[2025] UKUT 295 (LC)

Case No: LC-2024-612

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

Royal Courts of Justice, Strand,

2 September 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANT – DISCHARGE OR MODIFICATION – construction of first floor extension in breach of restrictions – whether restrictions are obsolete – whether discharge or modification will injure anyone – claimed loss of privacy and loss of a view – practical benefits of substantial value or advantage – Tribunal’s discretion

BETWEEN:

KEVIN JAMES HARRISON-ELLIS

KELLY ELIZABETH HARRISON-ELLIS

Applicants

and-

STUART GERALD HUNT

ANITA HUNT

Objectors

Hillside, Fairfield Road,

Goring-on-Thames,

Reading, RG8 OEU

Upper Tribunal Judge Elizabeth Cooke and Mrs D Martin TD MRICS FAAV

30 June 2025 – 1 July 2025

Mr Andrew Skelly for the applicant, instructed by Hedges Law Limited

Mr Paul Clarke for the objector, instructed by Field Seymour Parkes LLP

© CROWN COPYRIGHT 2025

The following cases were referred to in this decision:

Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45

Blue Angel Properties Limited v Jenner [2020] UKUT 360 (LC

Fosse Urban Projects Ltd v Whyte [2023] UKUT 286 (LC)

Morris v Brookmans Park Roads Limited [2021] UKUT 125 (LC)