Flowers v Linstone Chine Management Company Ltd

Restrictions affecting land – Discharge or modification. The Court of Appeal, Civil Division, dismissed the appeal by the appellant owner of a holiday bungalow against the rejection by the Upper Tribunal (Lands Chamber) of his application, under s 84(1) of the Law of Property Act 1925, to discharge a restrictive covenant against use of the property during certain weeks of the year. The Court held that the tribunal had not misunderstood the planning position and had sufficiently analysed the matter.

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