In this section
- Blight notice references
- Compensation references
- Land taxation appeals
- Leasehold valuation tribunal appeals
- Rating appeals
- References by consent
- Residential property tribunal appeals
- Restrictive covenants
- Rights of light applications
Related Documents:
- Application, Form LPA
(45kb) - Publicity notice, Form LPB (27kb)
- Notice of objection, Form LPD (41kb)
- Procedural Flowchart (510kb)
- The Rules (as amended) (240kb)
- Practice directions (143kb)
Related Links
- The Fees: (SI 2009 No. 1114))
Link to the Office of Public Sector Information website
Jurisdiction
Restrictive covenants
Discharge and modification of restrictive covenants
- 1. How applications are made
- 2. The application
- 3. Publication of notices
- 4. Notice of objection and admission of objectors
- 5. Unopposed applications
- 6. Opposed applications
1. How applications are made
Under Section 84 of the Law of Property Act 1925 a person with an interest in freehold land, or, in certain circumstances, long leasehold land, that is affected by a restriction regarding its use or building upon it may apply to the Tribunal to have the restriction discharged or modified. The Tribunal may discharge or modify the restriction if it is satisfied that one or more of the grounds set out in the section are made out; and, if it orders the discharge or modification of the restriction, the Tribunal may award compensation to any person entitled to the benefit of the restriction.
Please note that this is a difficult and technical area of law and the Tribunal strongly recommends that applicants seek legal advice when considering and making an application. More information on costs an on compensation that an applicant may be require to pay is provided in the Interim Practice Directions and Guidance and in the Explanatory Leaflet.
2. The application
An application to discharge or modify a restriction is made by completing and filing Form LPA with the Tribunal. The application must contain all the information required by the Lands Tribunal Rules. This includes identifying both the land that is subject to the restriction and the land that has or may have the benefit of the restriction and the identity of any person known or believed to have the benefit of the restriction. The subsection(s) within section 84 on which the applicant relies for the discharge or modification must be stated. It is essential to provide details of the reasons and facts upon which the applicant relies to establish the ground or grounds for discharge or modification.
To avoid delay it is important to file with the application all relevant documents. These are listed on form LPA and include a plan which identifies both benefited and burdened areas of land and a copy of the document which created the restriction, including a copy of any plan originally attached to that document, which must be coloured in accordance with the original plan There is a fee of £200 payable to the “Tribunals Service” on filing the application. Other fees are payable during the course of proceedings.
Please note that the Tribunal does not have jurisdiction to modify or discharge any covenant that is positive in character. A positive covenant is one that requires you to take some action and or spend money in order to comply with it. Applications should not include positive covenants and any application that includes positive covenants cannot proceed until the Applicant has submitted an amended application.
Please also note that if you do not understand any of the terms used in section 84 or what you need to prove to the Tribunal to fall within the requirements of section 84, you should seek legal advice before proceeding with an application.
3. Publication of notices
On receiving the application the Registrar determines what notice of the application is to be given to people who appear to be entitled to the benefit of the restriction. The applicant is directed to give personal notice to such people as can be identified by name or address, and notice by advertisement in respect of all others. The notice may be a copy of the application or a publicity notice that sets out the substance of the application. Those who claim to be entitled to the benefit of the restriction who object to the application are informed that they may give notice to the Registrar of their objection.
Please note that an application to the Tribunal under section 84 is not at all similar to a planning application. Only those who are legally entitled to the benefit of the restriction may proceed with an objection to the application.
4. Notice of objection and admission of objectors
Notice of objection and any claim for compensation must be given in writing to the Registrar within 28 days of receiving notice of the application. The objector is required to state the basis upon which he or she claims to be entitled to the benefit of the restriction and the grounds of the objection. Where entitlement is not clear, a preliminary hearing may be held to decide disputes regarding who is entitled to object to the application. More information on the costs of such a hearing is provided in the Interim Practice Directions and Guidance and in the Explanatory Leaflet.
5. Unopposed applications
In the case of applications to which no objection has been made, all objections withdrawn or in respect of which no one has been admitted or found entitled to oppose the application, the Tribunal may, with the consent of the applicant, determine the application without a hearing.
6. Opposed applications
Where objections have been made and not withdrawn, or where the grounds for the application have not been clearly established, an oral hearing will usually be held in order to decide the application.
Please see Related Documents for sources of important additional information.
