Archive for the 'restrictive covenants' Category

Museum of Liverpool pays £750,000 for blocking view – BBC News

“Tourism bosses have been hit with a bill of £750,000 because the new Museum of Liverpool partially blocks the view from an iconic waterfront building.”

Full story

BBC News, 24th February 2010

Source: www.bbc.co.uk

Reforming the law governing easements, covenants and profits à prendre – Law Commision

“On 28 March 2008 the Law Commission published a consultation paper provisionally proposing wide-ranging reform of the law governing easements, covenants and profits à prendre.”

Full consultation

Law Commission, 28th March 2008

Source: www.lawcom.gov.uk

Lawntown Ltd v Camenzuli and Another – Times Law Reports

Court must not be swayed by council approval

Lawntown Ltd v Camenzuli and Another

Court of Appeal

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Lawntown Ltd v Camenzuli and another – WLR Daily

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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