Hennessey v Kent

Restrictive covenant affecting land – Discharge or modification. A restrictive covenant in favour of the objector, which prohibited the erection of more than a single dwelling house and required prior approval to the plans of that house, would be modified under the Law of Property Act 1925 s 84(1)(aa). However, the Upper Tribunal (Lands Chamber) made that order subject to the applicant's payment of £21,000 to the objector and acceptance of a condition restricting the use of the house to a private residence.

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