BPP University College Of Professional Studies Limited (BPP)
Land Law
Summary
Summary Chart - Discharge, modification and release of covenants.
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Course
Land Law
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BPP University College Of Professional Studies Limited (BPP)
Chart showing the discharge, modification and release of covenants. includes relevant statutes. Designed for revision and to aid during MCQ and open book exams.
Available in covenant and land law bundles.
BPP University College Of Professional Studies Limited (BPP)
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Land Law
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DISCHARGE, MODIFICTION AND RELEASE OF COVENANTS
▪ Once granted, covenants will last forever
▪ Over time they can become obsolete.
DISCHARGE & MODIFICATION
DISCHARGE
▪ Means covenant is no longer valid
▪ Will happen automatically if same owner acquires both tenements. (known as a
merger – re Tiltwood, sussex 1978)
▪ Dominant owner may expressly agree to discharge the covenant (usually in return
for payment)
▪ Dominant owner may impliedly agree to discharge the covenant (by saying nothing
as it is openly breached)
▪ To avoid ransom of covenantee – they can apply to UPPER TRIBUNAL (lands
chamber) for discharge or modification of any covenant.
MODIFICATION
▪ Scope of covenant is altered but not completely invalidated.
LAW OF PROPERTY ACT 1925 – GIVES LANDS CHAMBER THE POWER TO DISCHARGE OR
MODIFY… ANY RESTRICTION
Only applies to RESTRICTIVE COVENANTS
S 84(1)(a) – has become obsolete due to changes in character of property or
neighbourhood.
o Only use for residence – now neighbourhood is industrial
S 84(1)(aa) – continued existence impedes the reasonable use of the land
o Is contrary to public interest or confers no public benefit.
o Tribunal must be satisfied that financial compensation ok for dominant
owner.
S 84(1)(b) Dominant owners expressly or impliedly agree
o Where dominant owner ignored open breach
o Court will decide amount of compensation
S 84(1)(c) Dominant owners will not suffer injury
o Tribunal can override spurious or frivolous objections.
o Court will have regard to social and economic concerns and the wider public
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