Surana, Re Land adjoining 21 Icklingham Road [2016] UKUT 368 (LC) (8 September 2016)
RESTRICTIVE COVENANT – modification – building scheme – land originally designated a close to which all residents would have access – prohibition on building and uses other than garden or recreation ground for residents – land sold in 1952 and since used as private garden with no access for residents – history of objections to development – planning permission for erection of two detached houses – whether covenants to be modified – application granted – no compensation awarded – Law of Property Act 1925 s84(1)(a), (aa), (b) and (c)
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