Cautionary tales for developers: restrictive covenants and s84 of the Law of Property Act 1925

William Moffett and Emma Loizou will look at two recent cases in which restrictive covenants have weathered challenges under s84.

They will discuss firstly the Supreme Court’s decision in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 in which modification of restrictive covenants was sought, unsuccessfully, under s84(1). By the time of the application to modify the development had already been completed. William and Emma discuss the relevance of ‘the public interest’ in such cases,  and the extent to which the decision can be explained in terms of censure of the developer’s conduct.

William and Emma will also draw attention to the High Court’s decision in Bath Rugby Ltd v Greenwood & Ors [2020] EWHC 2662 (Ch). In that case a leaseholder of a rugby ground wanted to construct a large stadium. It sought, unsuccessfully, a declaration under s84(2) that a 100-year-old covenant was no longer enforceable against it. The case is also of interest for the subsequent judgment on costs, which reviews the practice of costs awards in such cases and the policy behind such awards being favourable to defendants, whatever the outcome.

Both cases provide salutary warnings to developers faced with restrictive covenants which burden their land.

Please submit your questions via the Zoom registration page as William and Emma have reserved a section of the webinar to answer pre-submitted questions. You can sign up via Zoom’s website here.  

Radcliffe talks Real Estate is a series of short and informative webinars, offering a quick update on issues that matter.

Please do not hesitate to contact us at events@radcliffechambers.com if you have any questions.