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VEEE Ltd v Barnard [2018] UKUT 379 (LC)

Toby Boncey appeared on behalf of the successful applicant property developer, which applied to the Upper Tribunal under s.84 of the Law of Property Act 1925 to discharge/modify restrictive covenants which would have prevented its proposed development of an end terrace corner plot.

The first covenant required the approval of plans by the original developer of the estate. That covenant was discharged under ground (a), the Tribunal finding that it was obsolete since the original developer had been dissolved.

The second covenant, a covenant permitting use of the plot as a dwelling house in the occupation of one family only, was modified under ground (aa) to permit the construction and use of an additional dwelling house, the Tribunal rejecting the objectors’ case that the covenant secured practical benefits to them of substantial value or advantage. 

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